{"id":"C2004A03225","name":"Australian Trade and Investment Commission Act 1985","slug":"australian-trade-and-investment-commission-act-1985","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"186 of 1985","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":7389,"registerId":"commonwealth-C2004A03225-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Australian Trade and Investment Commission Act 1985.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  (1) Sections 1, 2, 3 and 97 shall come into operation on the day on which this Act receives the Royal Assent.\n  (2) The remaining provisions of this Act shall come into operation on a day to be fixed by Proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  (1) In this Act:\n\n> Australia includes the Territories to which this Act extends.\n\n> Australian organisation means:\n\n    (a) any of the following entities carrying on a business in Australia:\n    (i) a natural person;\n    (ii) a partnership;\n    (iii) a company incorporated or formed in Australia; or\n    (b) an authority or body (including a body corporate and a corporation sole):\n    (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\n    (ii) established for a purpose of a State by, or in accordance with the provisions of, a law of the State;\n    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.\n\n> CEO means the Chief Executive Officer referred to in section 7B.\n\n> Commission means the body continued in existence by section 7.\n\n> corporate plan means a plan prepared by the CEO under section 35 of the Public Governance, Performance and Accountability Act 2013, and includes such a plan as varied under section 66 of this Act.\n\n> Department of State, in relation to the Northern Territory, means a Department of that Territory.\n\n> overseas development project means a project by way of:\n\n    (a) the construction of works; or\n    (b) the provision of services; or\n    (c) the design, supply or installation of equipment or facilities; or\n    (d) the testing in the field of agricultural practices;\n  (including any necessary preliminary studies, investigations or planning) that is to be carried out in a foreign country.\n\n> State includes the Northern Territory.\n\n  (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.\n  (4) Unless the contrary intention appears, a reference in this Act to the Export Market Development Grants Act 1997 includes a reference to the Export Market Development Grants Act 1974 to the extent that that Act continues to apply because of item 2 of Schedule 1 to the Export Market Development Grants (Repeal and Consequential Provisions) Act 1997.\n  (5) In any other Act, a reference to an employee of the Australian Trade and Investment Commission is a reference to a person engaged by the CEO under section 74 of the Public Service Act 1999.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Extension to Territories","content":"#### 4 Extension to Territories\n\n  (1) Subject to subsection (2), this Act extends to all the Territories.\n  (2) The Minister may, by notice published in the Gazette, declare that, on a day specified in the notice, this Act ceases to extend to an external Territory specified in the notice, and, where such a notice is published:\n    (a) this Act does not, on or after that day, extend to the Territory so specified;\n    (b) a reference in this Act to a Territory does not, on or after that day, include a reference to the Territory so specified; and\n    (c) the Territory so specified shall, on and after that day, be deemed, for the purposes of this Act, to be a foreign country.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Application of Act outside Australia","content":"#### 5 Application of Act outside Australia\n\n  This Act applies both within and outside Australia.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Application of Export Market Development Grants Act 1997 not affected","content":"#### 6 Application of Export Market Development Grants Act 1997 not affected\n\n  Nothing in section 4 or 5 shall be taken to affect the application of the Export Market Development Grants Act 1997.","sortOrder":6},{"sectionNumber":"6A","sectionType":"section","heading":"Application of the Criminal Code","content":"#### 6A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":7},{"sectionNumber":"Part 2","sectionType":"part","heading":"Establishment and function of the Australian Trade and Investment Commission","content":"## Part 2—Establishment and function of the Australian Trade and Investment Commission","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Australian Trade and Investment Commission","content":"#### 7 Australian Trade and Investment Commission\n\n  (1) The body known immediately before the commencement of this subsection as the Australian Trade Commission is continued in existence as the Australian Trade and Investment Commission.\n\n> Note: See also subsection 25B(1) of the Acts Interpretation Act 1901.\n\n  (2) The Commission consists of:\n    (a) the CEO; and\n    (b) the staff of the Commission referred to in section 60.\n  (3) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the Commission is a listed entity; and\n    (b) the CEO is the accountable authority of the Commission; and\n    (c) the following persons are officials of the Commission:\n    (i) the CEO;\n    (ii) the staff of the Commission referred to in section 60;\n    (iii) consultants engaged under section 62; and\n    (d) the purposes of the Commission include:\n    (i) the function of the Commission referred to in section 7A; and\n    (ii) the functions of the CEO referred to in section 8.","sortOrder":9},{"sectionNumber":"7A","sectionType":"section","heading":"Function of the Commission","content":"#### 7A Function of the Commission\n\n  The function of the Commission (other than the CEO) is to assist the CEO in the performance of his or her functions.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Establishment and functions of the CEO","content":"## Part 3—Establishment and functions of the CEO","sortOrder":11},{"sectionNumber":"7B","sectionType":"section","heading":"The Chief Executive Officer","content":"#### 7B The Chief Executive Officer\n\n  There is to be a Chief Executive Officer of the Commission.\n\n> Note: For the appointment, terms and conditions of the CEO, see Division 1 of Part 6.","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Functions of the CEO","content":"#### 8 Functions of the CEO\n\n  (1) The functions of the CEO are:\n    (a) to facilitate and encourage trade between Australia and foreign countries (in this section referred to as Australian export trade) by:\n    (i) representing the trading and commercial interests of Australia in foreign countries; and\n    (ii) assisting, directly or indirectly, Australian organisations in trade negotiations; and\n    (iii) promoting, or participating in or co‑ordinating projects to promote, Australian export trade; and\n    (iv) obtaining, and making available to Australian organisations, information relating to current or future opportunities for Australian export trade, including opportunities for involvement in overseas development projects; and\n    (v) supporting and facilitating investment in foreign countries, and facilitating investment in Australia, where that investment is likely to enhance opportunities for Australian export trade; and\n    (vi) carrying out, or assisting other persons to carry out, or participating with other persons in carrying out, in whole or in part, overseas development projects, in circumstances where that course of action will benefit Australian organisations; and\n    (viii) administering the Export Market Development Grants Act 1997; and\n    (ix) developing and administering schemes to provide assistance in the development of markets in foreign countries; and\n    (x) facilitating access by persons to Departments of State of the Commonwealth or of a State and to instrumentalities established by or under a law of the Commonwealth or of a State where that access is likely to enhance opportunities for Australian export trade; and\n    (b) to do any other act or thing required or permitted by:\n    (i) this Act; or\n    (ii) any other Act; or\n    (iii) an instrument under an Act;\n    to be done by the CEO; and\n    (c) to act, outside Australia, as agent for Departments of State of the Commonwealth or for instrumentalities established by or under a law of the Commonwealth.\n  (2) Without limiting subsection (1), the functions of the CEO include developing and administering policies relating to tourism (including domestic tourism).\n  (3) The CEO may perform his or her functions under subsection (2) to the extent only that they are not in excess of the functions that may be conferred on the CEO by virtue of any of the legislative powers of the Parliament, and, in particular, may perform his or her functions under that subsection:\n    (a) for purposes related to external affairs; and\n    (b) in the course of, or in relation to, trade and commerce with other countries, among the States, between Territories or between a Territory and a State; and\n    (c) for purposes related to a Territory; and\n    (d) by means of a communication using a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; and\n    (e) for purposes related to the collection, compilation, analysis, use and dissemination of statistics; and\n    (f) for purposes related to a corporation to which paragraph 51(xx) of the Constitution applies; and\n    (g) for purposes related to lighthouses, lightships, beacons and buoys; and\n    (h) for purposes related to matters incidental to the execution of the legislative powers of the Parliament or the executive power of the Commonwealth; and\n    (i) for purposes related to a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970; and\n    (j) for purposes related to the executive power of the Commonwealth; and\n    (k) for purposes related to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; and\n    (l) for purposes related to matters that are peculiarly adapted to the government of a nation and that cannot otherwise be carried on for the benefit of the nation; and\n    (m) by way of providing a service, if the provision of the service utilises the CEO’s spare capacity and does not impede the CEO’s capacity to perform his or her other functions.","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Duties","content":"#### 9 Duties\n\n  (1) The CEO must perform his or her functions under subsection 8(1) in such a manner as will best assist in the development of trade between Australia and foreign countries.\n  (2) In performing his or her functions, the CEO must:\n    (a) comply with any directions given to the CEO under section 10; and\n    (b) have regard to the need to provide services as efficiently and economically as possible; and\n    (c) in relation to his or her functions under subsection 8(1), have regard to:\n    (i) the desirability of improving and extending the range and accessibility of advice, assistance and financial support available (whether through the Commission and the CEO or otherwise) to persons involved, or likely to be involved, either directly or indirectly, in trade between Australia and foreign countries; and\n    (ii) Australia’s obligations under international agreements.","sortOrder":14},{"sectionNumber":"9A","sectionType":"section","heading":"Overseas exercise of CEO’s powers","content":"#### 9A Overseas exercise of CEO’s powers\n\n  The powers of the CEO may be exercised, on behalf of the Commonwealth, in Australia or elsewhere.","sortOrder":15},{"sectionNumber":"9B","sectionType":"section","heading":"CEO may charge fees","content":"#### 9B CEO may charge fees\n\n  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.","sortOrder":16},{"sectionNumber":"10","sectionType":"section","heading":"Power of Minister to give directions","content":"#### 10 Power of Minister to give directions\n\n  (1) The Minister may give to the CEO, in writing, such directions with respect to the performance of his or her functions, and the exercise of his or her powers, under this Act, as appear to the Minister to be necessary.\n\n> Note: A direction under this section is included in the annual report: see section 92.\n\n  (3) Nothing in subsection (1) shall be construed as empowering the Minister to determine that the CEO should deal in a particular manner with a particular person, or with a particular application, grant agreement or grant, under the Export Market Development Grants Act 1997.\n  (4) A direction given by the Minister under subsection (1) must not prejudicially affect an application made, or grant agreement entered into, under the Export Market Development Grants Act 1997.\n  (5) This section does not affect the operation of any other provision of this Act or of any other Act that confers a power upon the Minister to give directions to the CEO.\n  (6) A direction under this section is not a legislative instrument.","sortOrder":17},{"sectionNumber":"Part 6","sectionType":"part","heading":"CEO and staff","content":"An Act to establish an Australian Trade and Investment Commission for the purpose of facilitating and promoting trade between Australia and foreign countries, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Trade and Investment Commission Act 1985.\n\n#### 2 Commencement\n\n  (1) Sections 1, 2, 3 and 97 shall come into operation on the day on which this Act receives the Royal Assent.\n  (2) The remaining provisions of this Act shall come into operation on a day to be fixed by Proclamation.\n\n#### 3 Interpretation\n\n  (1) In this Act:\n\n> Australia includes the Territories to which this Act extends.\n\n> Australian organisation means:\n\n    (a) any of the following entities carrying on a business in Australia:\n    (i) a natural person;\n    (ii) a partnership;\n    (iii) a company incorporated or formed in Australia; or\n    (b) an authority or body (including a body corporate and a corporation sole):\n    (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\n    (ii) established for a purpose of a State by, or in accordance with the provisions of, a law of the State;\n    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.\n\n> CEO means the Chief Executive Officer referred to in section 7B.\n\n> Commission means the body continued in existence by section 7.\n\n> corporate plan means a plan prepared by the CEO under section 35 of the Public Governance, Performance and Accountability Act 2013, and includes such a plan as varied under section 66 of this Act.\n\n> Department of State, in relation to the Northern Territory, means a Department of that Territory.\n\n> overseas development project means a project by way of:\n\n    (a) the construction of works; or\n    (b) the provision of services; or\n    (c) the design, supply or installation of equipment or facilities; or\n    (d) the testing in the field of agricultural practices;\n  (including any necessary preliminary studies, investigations or planning) that is to be carried out in a foreign country.\n\n> State includes the Northern Territory.\n\n  (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.\n  (4) Unless the contrary intention appears, a reference in this Act to the Export Market Development Grants Act 1997 includes a reference to the Export Market Development Grants Act 1974 to the extent that that Act continues to apply because of item 2 of Schedule 1 to the Export Market Development Grants (Repeal and Consequential Provisions) Act 1997.\n  (5) In any other Act, a reference to an employee of the Australian Trade and Investment Commission is a reference to a person engaged by the CEO under section 74 of the Public Service Act 1999.\n\n#### 4 Extension to Territories\n\n  (1) Subject to subsection (2), this Act extends to all the Territories.\n  (2) The Minister may, by notice published in the Gazette, declare that, on a day specified in the notice, this Act ceases to extend to an external Territory specified in the notice, and, where such a notice is published:\n    (a) this Act does not, on or after that day, extend to the Territory so specified;\n    (b) a reference in this Act to a Territory does not, on or after that day, include a reference to the Territory so specified; and\n    (c) the Territory so specified shall, on and after that day, be deemed, for the purposes of this Act, to be a foreign country.\n\n#### 5 Application of Act outside Australia\n\n  This Act applies both within and outside Australia.\n\n#### 6 Application of Export Market Development Grants Act 1997 not affected\n\n  Nothing in section 4 or 5 shall be taken to affect the application of the Export Market Development Grants Act 1997.\n\n#### 6A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n## Part 2—Establishment and function of the Australian Trade and Investment Commission\n\n#### 7 Australian Trade and Investment Commission\n\n  (1) The body known immediately before the commencement of this subsection as the Australian Trade Commission is continued in existence as the Australian Trade and Investment Commission.\n\n> Note: See also subsection 25B(1) of the Acts Interpretation Act 1901.\n\n  (2) The Commission consists of:\n    (a) the CEO; and\n    (b) the staff of the Commission referred to in section 60.\n  (3) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the Commission is a listed entity; and\n    (b) the CEO is the accountable authority of the Commission; and\n    (c) the following persons are officials of the Commission:\n    (i) the CEO;\n    (ii) the staff of the Commission referred to in section 60;\n    (iii) consultants engaged under section 62; and\n    (d) the purposes of the Commission include:\n    (i) the function of the Commission referred to in section 7A; and\n    (ii) the functions of the CEO referred to in section 8.\n\n#### 7A Function of the Commission\n\n  The function of the Commission (other than the CEO) is to assist the CEO in the performance of his or her functions.\n\n## Part 3—Establishment and functions of the CEO\n\n#### 7B The Chief Executive Officer\n\n  There is to be a Chief Executive Officer of the Commission.\n\n> Note: For the appointment, terms and conditions of the CEO, see Division 1 of Part 6.\n\n#### 8 Functions of the CEO\n\n  (1) The functions of the CEO are:\n    (a) to facilitate and encourage trade between Australia and foreign countries (in this section referred to as Australian export trade) by:\n    (i) representing the trading and commercial interests of Australia in foreign countries; and\n    (ii) assisting, directly or indirectly, Australian organisations in trade negotiations; and\n    (iii) promoting, or participating in or co‑ordinating projects to promote, Australian export trade; and\n    (iv) obtaining, and making available to Australian organisations, information relating to current or future opportunities for Australian export trade, including opportunities for involvement in overseas development projects; and\n    (v) supporting and facilitating investment in foreign countries, and facilitating investment in Australia, where that investment is likely to enhance opportunities for Australian export trade; and\n    (vi) carrying out, or assisting other persons to carry out, or participating with other persons in carrying out, in whole or in part, overseas development projects, in circumstances where that course of action will benefit Australian organisations; and\n    (viii) administering the Export Market Development Grants Act 1997; and\n    (ix) developing and administering schemes to provide assistance in the development of markets in foreign countries; and\n    (x) facilitating access by persons to Departments of State of the Commonwealth or of a State and to instrumentalities established by or under a law of the Commonwealth or of a State where that access is likely to enhance opportunities for Australian export trade; and\n    (b) to do any other act or thing required or permitted by:\n    (i) this Act; or\n    (ii) any other Act; or\n    (iii) an instrument under an Act;\n    to be done by the CEO; and\n    (c) to act, outside Australia, as agent for Departments of State of the Commonwealth or for instrumentalities established by or under a law of the Commonwealth.\n  (2) Without limiting subsection (1), the functions of the CEO include developing and administering policies relating to tourism (including domestic tourism).\n  (3) The CEO may perform his or her functions under subsection (2) to the extent only that they are not in excess of the functions that may be conferred on the CEO by virtue of any of the legislative powers of the Parliament, and, in particular, may perform his or her functions under that subsection:\n    (a) for purposes related to external affairs; and\n    (b) in the course of, or in relation to, trade and commerce with other countries, among the States, between Territories or between a Territory and a State; and\n    (c) for purposes related to a Territory; and\n    (d) by means of a communication using a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; and\n    (e) for purposes related to the collection, compilation, analysis, use and dissemination of statistics; and\n    (f) for purposes related to a corporation to which paragraph 51(xx) of the Constitution applies; and\n    (g) for purposes related to lighthouses, lightships, beacons and buoys; and\n    (h) for purposes related to matters incidental to the execution of the legislative powers of the Parliament or the executive power of the Commonwealth; and\n    (i) for purposes related to a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970; and\n    (j) for purposes related to the executive power of the Commonwealth; and\n    (k) for purposes related to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; and\n    (l) for purposes related to matters that are peculiarly adapted to the government of a nation and that cannot otherwise be carried on for the benefit of the nation; and\n    (m) by way of providing a service, if the provision of the service utilises the CEO’s spare capacity and does not impede the CEO’s capacity to perform his or her other functions.\n\n#### 9 Duties\n\n  (1) The CEO must perform his or her functions under subsection 8(1) in such a manner as will best assist in the development of trade between Australia and foreign countries.\n  (2) In performing his or her functions, the CEO must:\n    (a) comply with any directions given to the CEO under section 10; and\n    (b) have regard to the need to provide services as efficiently and economically as possible; and\n    (c) in relation to his or her functions under subsection 8(1), have regard to:\n    (i) the desirability of improving and extending the range and accessibility of advice, assistance and financial support available (whether through the Commission and the CEO or otherwise) to persons involved, or likely to be involved, either directly or indirectly, in trade between Australia and foreign countries; and\n    (ii) Australia’s obligations under international agreements.\n\n#### 9A Overseas exercise of CEO’s powers\n\n  The powers of the CEO may be exercised, on behalf of the Commonwealth, in Australia or elsewhere.\n\n#### 9B CEO may charge fees\n\n  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.\n\n#### 10 Power of Minister to give directions\n\n  (1) The Minister may give to the CEO, in writing, such directions with respect to the performance of his or her functions, and the exercise of his or her powers, under this Act, as appear to the Minister to be necessary.\n\n> Note: A direction under this section is included in the annual report: see section 92.\n\n  (3) Nothing in subsection (1) shall be construed as empowering the Minister to determine that the CEO should deal in a particular manner with a particular person, or with a particular application, grant agreement or grant, under the Export Market Development Grants Act 1997.\n  (4) A direction given by the Minister under subsection (1) must not prejudicially affect an application made, or grant agreement entered into, under the Export Market Development Grants Act 1997.\n  (5) This section does not affect the operation of any other provision of this Act or of any other Act that confers a power upon the Minister to give directions to the CEO.\n  (6) A direction under this section is not a legislative instrument.\n\n## Part 6—CEO and staff\n\n### Division 1—Chief Executive Officer\n\n#### 51 Appointment of Chief Executive Officer\n\n  (1) The CEO is to be appointed by the Minister by written instrument.\n  (2) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n  (3) An appointment under this section is not ineffective merely because of a defect or irregularity in relation to the appointment.\n  Terms and conditions\n  (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.\n\n#### 52 Appointment to be full‑time\n\n  The CEO holds office on a full‑time basis.\n\n#### 54 Remuneration and allowances\n\n  (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.\n  (2) The CEO is to be paid the allowances that are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 55 CEO not to engage in paid employment\n\n  The CEO must not engage in paid employment outside the duties of his or her office except with the Minister’s approval.\n\n#### 56 Acting CEO\n\n  The Minister may appoint a person to act as the CEO:\n    (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n    (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.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 57 Leave of absence\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (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.\n\n#### 58 Resignation\n\n  The CEO may resign from office by giving the Minister a written resignation that has been signed by the CEO.\n\n#### 59 Termination\n\n  (1) The Minister may terminate the appointment of the CEO for misbehaviour or physical or mental incapacity.\n  (2) The Minister may terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Minister’s approval, in paid employment outside the duties of his or her office.\n  (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.\n\n### Division 2—Staff of the Commission\n\n#### 60 Staff of the Commission\n\n  (1) The staff of the Commission are to be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the staff of the Commission together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n\n#### 61 Locally engaged employees\n\n  To avoid doubt, the CEO may, under section 74 of the Public Service Act 1999, engage persons overseas to perform duties overseas as employees.\n\n#### 62 Consultants\n\n  The CEO may, on behalf of the Commonwealth, engage consultants to perform services for the CEO related to the CEO’s functions.\n\n## Part 7—Corporate plans\n\n#### 65 Approval of corporate plans\n\n  (1) Each corporate plan shall be submitted to the Minister for approval before the intended day of commencement of the period to which the corporate plan relates and shall not come into force until:\n    (a) the day on which it is approved by the Minister; or\n    (b) the day of commencement of the period to which it relates;\n  whichever is the later.\n  (2) Upon the coming into force of a corporate plan under subsection (1), any corporate plan that is already in force ceases to be in force.\n\n#### 66 Variation of corporate plans\n\n  (1) The CEO may, at any time, review a corporate plan, whether or not it has come into force, and consider whether a variation to the plan is necessary.\n  (2) The CEO may, with the approval of the Minister, vary a corporate plan.\n  (3) The Minister may, at any time, request the CEO to vary a corporate plan, whether or not it has come into force.\n  (4) Where the Minister requests a variation of a corporate plan, the CEO shall, with the approval of the Minister, vary that plan accordingly.\n  (5) Where a variation of a corporate plan is approved by the Minister after the plan has come into force, the plan as so varied shall continue in force on and after the day on which the variation is so approved.\n\n## Part 9—Miscellaneous\n\n#### 90 Delegations by Minister and CEO\n\n  (1) The Minister may, in writing, delegate all or any of the Minister’s functions or powers under this Act, other than the Minister’s powers under sections 65 and 66, to the CEO.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n  (2) The CEO may, in writing, delegate all or any of the CEO’s functions or powers under this Act to a member of the staff of the Commission referred to in section 60.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n  (3) The CEO may, in writing, delegate all or any of the CEO’s functions or powers under the Export Market Development Grants Act 1997, or the rules made under that Act, to:\n    (a) a member of the staff of the Commission referred to in section 60 of this Act; or\n    (b) an APS employee in a non‑corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) who holds or performs the duties of an Executive Level 1 position, or an equivalent or higher position.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n  (4) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the person who delegated the function or power.\n\n#### 92 Annual reports\n\n  The annual report prepared by the CEO and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following:\n    (a) information about the Commission’s operations under the Export Market Development Grants Act 1997 during the period;\n    (b) particulars of all directions given by the Minister to the CEO under subsection 10(1) during the period, other than any direction that includes a statement to the effect that the direction is not to be disclosed:\n    (i) for reasons of national security; or\n    (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.\n\n#### 94 Secrecy\n\n  (1) This section applies to a person who is or has been:\n    (a) the CEO; or\n    (b) a member of the staff of the Commission referred to in section 60; or\n    (c) a consultant engaged under section 62.\n  (2) Subject to this section, a person to whom this section applies shall not, either directly or indirectly, except for the purposes of this Act:\n    (a) make a record of, or divulge or communicate to any person, any information concerning the affairs of another person acquired by the first‑mentioned person by reason of his or her employment; or\n    (b) produce to any person a document relating to the affairs of another person furnished for the purposes of this Act.\n\nPenalty: Imprisonment for 12 months or 20 penalty units, or both.\n\n  (3) Subsection (2) does not apply to the disclosure of information, or the production of a document, to the Minister, to the Secretary of the Department, or to an officer of the Department designated by the Secretary.\n  (4) Subsection (2) does not prevent a person to whom this section applies from communicating, or making available to another person:\n    (b) the following information relating to payments of grants authorised by the CEO under the Export Market Development Grants Act 1997 or the Export Market Development Grants Act 1974:\n    (i) the name and address of a person to whom the CEO has authorised a payment;\n    (ii) the amount of a grant to a person;\n    (iii) the industry to which a grant relates; and\n    (c) any information of a statistical nature relating to the making of grants under the Export Market Development Grants Act 1974 or the Export Market Development Grants Act 1997.\n  (5) A person to whom this section applies shall not be required to divulge or communicate to a court any information referred to in subsection (2) or to produce in a court any document referred to in that subsection, except when it is necessary to do so for the purposes of, or of a prosecution for an offence against, this Act, the Export Market Development Grants Act 1974 or the Export Market Development Grants Act 1997.\n  (6) A person to whom information is communicated under subsection (3) and an employee or other person under that person’s control are, in respect of that information, entitled to rights and privileges, and subject to obligations and liabilities, under subsections (2) and (5) as if they were persons referred to in subsection (1).\n  (7) In this section:\n\n> court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.\n\n> produce includes to permit access to.\n\n#### 97 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act;\n  and in particular prescribing penalties, not exceeding a fine of 5 penalty units, for offences against the regulations.","sortOrder":18},{"sectionNumber":"Division 1","sectionType":"division","heading":"Chief Executive Officer","content":"An Act to establish an Australian Trade and Investment Commission for the purpose of facilitating and promoting trade between Australia and foreign countries, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Trade and Investment Commission Act 1985.\n\n#### 2 Commencement\n\n  (1) Sections 1, 2, 3 and 97 shall come into operation on the day on which this Act receives the Royal Assent.\n  (2) The remaining provisions of this Act shall come into operation on a day to be fixed by Proclamation.\n\n#### 3 Interpretation\n\n  (1) In this Act:\n\n> Australia includes the Territories to which this Act extends.\n\n> Australian organisation means:\n\n    (a) any of the following entities carrying on a business in Australia:\n    (i) a natural person;\n    (ii) a partnership;\n    (iii) a company incorporated or formed in Australia; or\n    (b) an authority or body (including a body corporate and a corporation sole):\n    (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\n    (ii) established for a purpose of a State by, or in accordance with the provisions of, a law of the State;\n    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.\n\n> CEO means the Chief Executive Officer referred to in section 7B.\n\n> Commission means the body continued in existence by section 7.\n\n> corporate plan means a plan prepared by the CEO under section 35 of the Public Governance, Performance and Accountability Act 2013, and includes such a plan as varied under section 66 of this Act.\n\n> Department of State, in relation to the Northern Territory, means a Department of that Territory.\n\n> overseas development project means a project by way of:\n\n    (a) the construction of works; or\n    (b) the provision of services; or\n    (c) the design, supply or installation of equipment or facilities; or\n    (d) the testing in the field of agricultural practices;\n  (including any necessary preliminary studies, investigations or planning) that is to be carried out in a foreign country.\n\n> State includes the Northern Territory.\n\n  (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.\n  (4) Unless the contrary intention appears, a reference in this Act to the Export Market Development Grants Act 1997 includes a reference to the Export Market Development Grants Act 1974 to the extent that that Act continues to apply because of item 2 of Schedule 1 to the Export Market Development Grants (Repeal and Consequential Provisions) Act 1997.\n  (5) In any other Act, a reference to an employee of the Australian Trade and Investment Commission is a reference to a person engaged by the CEO under section 74 of the Public Service Act 1999.\n\n#### 4 Extension to Territories\n\n  (1) Subject to subsection (2), this Act extends to all the Territories.\n  (2) The Minister may, by notice published in the Gazette, declare that, on a day specified in the notice, this Act ceases to extend to an external Territory specified in the notice, and, where such a notice is published:\n    (a) this Act does not, on or after that day, extend to the Territory so specified;\n    (b) a reference in this Act to a Territory does not, on or after that day, include a reference to the Territory so specified; and\n    (c) the Territory so specified shall, on and after that day, be deemed, for the purposes of this Act, to be a foreign country.\n\n#### 5 Application of Act outside Australia\n\n  This Act applies both within and outside Australia.\n\n#### 6 Application of Export Market Development Grants Act 1997 not affected\n\n  Nothing in section 4 or 5 shall be taken to affect the application of the Export Market Development Grants Act 1997.\n\n#### 6A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n## Part 2—Establishment and function of the Australian Trade and Investment Commission\n\n#### 7 Australian Trade and Investment Commission\n\n  (1) The body known immediately before the commencement of this subsection as the Australian Trade Commission is continued in existence as the Australian Trade and Investment Commission.\n\n> Note: See also subsection 25B(1) of the Acts Interpretation Act 1901.\n\n  (2) The Commission consists of:\n    (a) the CEO; and\n    (b) the staff of the Commission referred to in section 60.\n  (3) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the Commission is a listed entity; and\n    (b) the CEO is the accountable authority of the Commission; and\n    (c) the following persons are officials of the Commission:\n    (i) the CEO;\n    (ii) the staff of the Commission referred to in section 60;\n    (iii) consultants engaged under section 62; and\n    (d) the purposes of the Commission include:\n    (i) the function of the Commission referred to in section 7A; and\n    (ii) the functions of the CEO referred to in section 8.\n\n#### 7A Function of the Commission\n\n  The function of the Commission (other than the CEO) is to assist the CEO in the performance of his or her functions.\n\n## Part 3—Establishment and functions of the CEO\n\n#### 7B The Chief Executive Officer\n\n  There is to be a Chief Executive Officer of the Commission.\n\n> Note: For the appointment, terms and conditions of the CEO, see Division 1 of Part 6.\n\n#### 8 Functions of the CEO\n\n  (1) The functions of the CEO are:\n    (a) to facilitate and encourage trade between Australia and foreign countries (in this section referred to as Australian export trade) by:\n    (i) representing the trading and commercial interests of Australia in foreign countries; and\n    (ii) assisting, directly or indirectly, Australian organisations in trade negotiations; and\n    (iii) promoting, or participating in or co‑ordinating projects to promote, Australian export trade; and\n    (iv) obtaining, and making available to Australian organisations, information relating to current or future opportunities for Australian export trade, including opportunities for involvement in overseas development projects; and\n    (v) supporting and facilitating investment in foreign countries, and facilitating investment in Australia, where that investment is likely to enhance opportunities for Australian export trade; and\n    (vi) carrying out, or assisting other persons to carry out, or participating with other persons in carrying out, in whole or in part, overseas development projects, in circumstances where that course of action will benefit Australian organisations; and\n    (viii) administering the Export Market Development Grants Act 1997; and\n    (ix) developing and administering schemes to provide assistance in the development of markets in foreign countries; and\n    (x) facilitating access by persons to Departments of State of the Commonwealth or of a State and to instrumentalities established by or under a law of the Commonwealth or of a State where that access is likely to enhance opportunities for Australian export trade; and\n    (b) to do any other act or thing required or permitted by:\n    (i) this Act; or\n    (ii) any other Act; or\n    (iii) an instrument under an Act;\n    to be done by the CEO; and\n    (c) to act, outside Australia, as agent for Departments of State of the Commonwealth or for instrumentalities established by or under a law of the Commonwealth.\n  (2) Without limiting subsection (1), the functions of the CEO include developing and administering policies relating to tourism (including domestic tourism).\n  (3) The CEO may perform his or her functions under subsection (2) to the extent only that they are not in excess of the functions that may be conferred on the CEO by virtue of any of the legislative powers of the Parliament, and, in particular, may perform his or her functions under that subsection:\n    (a) for purposes related to external affairs; and\n    (b) in the course of, or in relation to, trade and commerce with other countries, among the States, between Territories or between a Territory and a State; and\n    (c) for purposes related to a Territory; and\n    (d) by means of a communication using a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; and\n    (e) for purposes related to the collection, compilation, analysis, use and dissemination of statistics; and\n    (f) for purposes related to a corporation to which paragraph 51(xx) of the Constitution applies; and\n    (g) for purposes related to lighthouses, lightships, beacons and buoys; and\n    (h) for purposes related to matters incidental to the execution of the legislative powers of the Parliament or the executive power of the Commonwealth; and\n    (i) for purposes related to a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970; and\n    (j) for purposes related to the executive power of the Commonwealth; and\n    (k) for purposes related to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; and\n    (l) for purposes related to matters that are peculiarly adapted to the government of a nation and that cannot otherwise be carried on for the benefit of the nation; and\n    (m) by way of providing a service, if the provision of the service utilises the CEO’s spare capacity and does not impede the CEO’s capacity to perform his or her other functions.\n\n#### 9 Duties\n\n  (1) The CEO must perform his or her functions under subsection 8(1) in such a manner as will best assist in the development of trade between Australia and foreign countries.\n  (2) In performing his or her functions, the CEO must:\n    (a) comply with any directions given to the CEO under section 10; and\n    (b) have regard to the need to provide services as efficiently and economically as possible; and\n    (c) in relation to his or her functions under subsection 8(1), have regard to:\n    (i) the desirability of improving and extending the range and accessibility of advice, assistance and financial support available (whether through the Commission and the CEO or otherwise) to persons involved, or likely to be involved, either directly or indirectly, in trade between Australia and foreign countries; and\n    (ii) Australia’s obligations under international agreements.\n\n#### 9A Overseas exercise of CEO’s powers\n\n  The powers of the CEO may be exercised, on behalf of the Commonwealth, in Australia or elsewhere.\n\n#### 9B CEO may charge fees\n\n  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.\n\n#### 10 Power of Minister to give directions\n\n  (1) The Minister may give to the CEO, in writing, such directions with respect to the performance of his or her functions, and the exercise of his or her powers, under this Act, as appear to the Minister to be necessary.\n\n> Note: A direction under this section is included in the annual report: see section 92.\n\n  (3) Nothing in subsection (1) shall be construed as empowering the Minister to determine that the CEO should deal in a particular manner with a particular person, or with a particular application, grant agreement or grant, under the Export Market Development Grants Act 1997.\n  (4) A direction given by the Minister under subsection (1) must not prejudicially affect an application made, or grant agreement entered into, under the Export Market Development Grants Act 1997.\n  (5) This section does not affect the operation of any other provision of this Act or of any other Act that confers a power upon the Minister to give directions to the CEO.\n  (6) A direction under this section is not a legislative instrument.\n\n## Part 6—CEO and staff\n\n### Division 1—Chief Executive Officer\n\n#### 51 Appointment of Chief Executive Officer\n\n  (1) The CEO is to be appointed by the Minister by written instrument.\n  (2) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n  (3) An appointment under this section is not ineffective merely because of a defect or irregularity in relation to the appointment.\n  Terms and conditions\n  (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.\n\n#### 52 Appointment to be full‑time\n\n  The CEO holds office on a full‑time basis.\n\n#### 54 Remuneration and allowances\n\n  (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.\n  (2) The CEO is to be paid the allowances that are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 55 CEO not to engage in paid employment\n\n  The CEO must not engage in paid employment outside the duties of his or her office except with the Minister’s approval.\n\n#### 56 Acting CEO\n\n  The Minister may appoint a person to act as the CEO:\n    (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n    (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.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 57 Leave of absence\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (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.\n\n#### 58 Resignation\n\n  The CEO may resign from office by giving the Minister a written resignation that has been signed by the CEO.\n\n#### 59 Termination\n\n  (1) The Minister may terminate the appointment of the CEO for misbehaviour or physical or mental incapacity.\n  (2) The Minister may terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Minister’s approval, in paid employment outside the duties of his or her office.\n  (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.\n\n### Division 2—Staff of the Commission\n\n#### 60 Staff of the Commission\n\n  (1) The staff of the Commission are to be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the staff of the Commission together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n\n#### 61 Locally engaged employees\n\n  To avoid doubt, the CEO may, under section 74 of the Public Service Act 1999, engage persons overseas to perform duties overseas as employees.\n\n#### 62 Consultants\n\n  The CEO may, on behalf of the Commonwealth, engage consultants to perform services for the CEO related to the CEO’s functions.\n\n## Part 7—Corporate plans\n\n#### 65 Approval of corporate plans\n\n  (1) Each corporate plan shall be submitted to the Minister for approval before the intended day of commencement of the period to which the corporate plan relates and shall not come into force until:\n    (a) the day on which it is approved by the Minister; or\n    (b) the day of commencement of the period to which it relates;\n  whichever is the later.\n  (2) Upon the coming into force of a corporate plan under subsection (1), any corporate plan that is already in force ceases to be in force.\n\n#### 66 Variation of corporate plans\n\n  (1) The CEO may, at any time, review a corporate plan, whether or not it has come into force, and consider whether a variation to the plan is necessary.\n  (2) The CEO may, with the approval of the Minister, vary a corporate plan.\n  (3) The Minister may, at any time, request the CEO to vary a corporate plan, whether or not it has come into force.\n  (4) Where the Minister requests a variation of a corporate plan, the CEO shall, with the approval of the Minister, vary that plan accordingly.\n  (5) Where a variation of a corporate plan is approved by the Minister after the plan has come into force, the plan as so varied shall continue in force on and after the day on which the variation is so approved.\n\n## Part 9—Miscellaneous\n\n#### 90 Delegations by Minister and CEO\n\n  (1) The Minister may, in writing, delegate all or any of the Minister’s functions or powers under this Act, other than the Minister’s powers under sections 65 and 66, to the CEO.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n  (2) The CEO may, in writing, delegate all or any of the CEO’s functions or powers under this Act to a member of the staff of the Commission referred to in section 60.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n  (3) The CEO may, in writing, delegate all or any of the CEO’s functions or powers under the Export Market Development Grants Act 1997, or the rules made under that Act, to:\n    (a) a member of the staff of the Commission referred to in section 60 of this Act; or\n    (b) an APS employee in a non‑corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) who holds or performs the duties of an Executive Level 1 position, or an equivalent or higher position.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n  (4) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the person who delegated the function or power.\n\n#### 92 Annual reports\n\n  The annual report prepared by the CEO and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following:\n    (a) information about the Commission’s operations under the Export Market Development Grants Act 1997 during the period;\n    (b) particulars of all directions given by the Minister to the CEO under subsection 10(1) during the period, other than any direction that includes a statement to the effect that the direction is not to be disclosed:\n    (i) for reasons of national security; or\n    (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.\n\n#### 94 Secrecy\n\n  (1) This section applies to a person who is or has been:\n    (a) the CEO; or\n    (b) a member of the staff of the Commission referred to in section 60; or\n    (c) a consultant engaged under section 62.\n  (2) Subject to this section, a person to whom this section applies shall not, either directly or indirectly, except for the purposes of this Act:\n    (a) make a record of, or divulge or communicate to any person, any information concerning the affairs of another person acquired by the first‑mentioned person by reason of his or her employment; or\n    (b) produce to any person a document relating to the affairs of another person furnished for the purposes of this Act.\n\nPenalty: Imprisonment for 12 months or 20 penalty units, or both.\n\n  (3) Subsection (2) does not apply to the disclosure of information, or the production of a document, to the Minister, to the Secretary of the Department, or to an officer of the Department designated by the Secretary.\n  (4) Subsection (2) does not prevent a person to whom this section applies from communicating, or making available to another person:\n    (b) the following information relating to payments of grants authorised by the CEO under the Export Market Development Grants Act 1997 or the Export Market Development Grants Act 1974:\n    (i) the name and address of a person to whom the CEO has authorised a payment;\n    (ii) the amount of a grant to a person;\n    (iii) the industry to which a grant relates; and\n    (c) any information of a statistical nature relating to the making of grants under the Export Market Development Grants Act 1974 or the Export Market Development Grants Act 1997.\n  (5) A person to whom this section applies shall not be required to divulge or communicate to a court any information referred to in subsection (2) or to produce in a court any document referred to in that subsection, except when it is necessary to do so for the purposes of, or of a prosecution for an offence against, this Act, the Export Market Development Grants Act 1974 or the Export Market Development Grants Act 1997.\n  (6) A person to whom information is communicated under subsection (3) and an employee or other person under that person’s control are, in respect of that information, entitled to rights and privileges, and subject to obligations and liabilities, under subsections (2) and (5) as if they were persons referred to in subsection (1).\n  (7) In this section:\n\n> court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.\n\n> produce includes to permit access to.\n\n#### 97 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act;\n  and in particular prescribing penalties, not exceeding a fine of 5 penalty units, for offences against the regulations.","sortOrder":19},{"sectionNumber":"51","sectionType":"section","heading":"Appointment of Chief Executive Officer","content":"#### 51 Appointment of Chief Executive Officer\n\n  (1) The CEO is to be appointed by the Minister by written instrument.\n  (2) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n  (3) An appointment under this section is not ineffective merely because of a defect or irregularity in relation to the appointment.\n  Terms and conditions\n  (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.","sortOrder":20},{"sectionNumber":"52","sectionType":"section","heading":"Appointment to be full‑time","content":"#### 52 Appointment to be full‑time\n\n  The CEO holds office on a full‑time basis.","sortOrder":21},{"sectionNumber":"54","sectionType":"section","heading":"Remuneration and allowances","content":"#### 54 Remuneration and allowances\n\n  (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.\n  (2) The CEO is to be paid the allowances that are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":22},{"sectionNumber":"55","sectionType":"section","heading":"CEO not to engage in paid employment","content":"#### 55 CEO not to engage in paid employment\n\n  The CEO must not engage in paid employment outside the duties of his or her office except with the Minister’s approval.","sortOrder":23},{"sectionNumber":"56","sectionType":"section","heading":"Acting CEO","content":"#### 56 Acting CEO\n\n  The Minister may appoint a person to act as the CEO:\n    (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n    (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.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.","sortOrder":24},{"sectionNumber":"57","sectionType":"section","heading":"Leave of absence","content":"#### 57 Leave of absence\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (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.","sortOrder":25},{"sectionNumber":"58","sectionType":"section","heading":"Resignation","content":"#### 58 Resignation\n\n  The CEO may resign from office by giving the Minister a written resignation that has been signed by the CEO.","sortOrder":26},{"sectionNumber":"59","sectionType":"section","heading":"Termination","content":"#### 59 Termination\n\n  (1) The Minister may terminate the appointment of the CEO for misbehaviour or physical or mental incapacity.\n  (2) The Minister may terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Minister’s approval, in paid employment outside the duties of his or her office.\n  (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.","sortOrder":27},{"sectionNumber":"Division 2","sectionType":"division","heading":"Staff of the Commission","content":"An Act to establish an Australian Trade and Investment Commission for the purpose of facilitating and promoting trade between Australia and foreign countries, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Trade and Investment Commission Act 1985.\n\n#### 2 Commencement\n\n  (1) Sections 1, 2, 3 and 97 shall come into operation on the day on which this Act receives the Royal Assent.\n  (2) The remaining provisions of this Act shall come into operation on a day to be fixed by Proclamation.\n\n#### 3 Interpretation\n\n  (1) In this Act:\n\n> Australia includes the Territories to which this Act extends.\n\n> Australian organisation means:\n\n    (a) any of the following entities carrying on a business in Australia:\n    (i) a natural person;\n    (ii) a partnership;\n    (iii) a company incorporated or formed in Australia; or\n    (b) an authority or body (including a body corporate and a corporation sole):\n    (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\n    (ii) established for a purpose of a State by, or in accordance with the provisions of, a law of the State;\n    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.\n\n> CEO means the Chief Executive Officer referred to in section 7B.\n\n> Commission means the body continued in existence by section 7.\n\n> corporate plan means a plan prepared by the CEO under section 35 of the Public Governance, Performance and Accountability Act 2013, and includes such a plan as varied under section 66 of this Act.\n\n> Department of State, in relation to the Northern Territory, means a Department of that Territory.\n\n> overseas development project means a project by way of:\n\n    (a) the construction of works; or\n    (b) the provision of services; or\n    (c) the design, supply or installation of equipment or facilities; or\n    (d) the testing in the field of agricultural practices;\n  (including any necessary preliminary studies, investigations or planning) that is to be carried out in a foreign country.\n\n> State includes the Northern Territory.\n\n  (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.\n  (4) Unless the contrary intention appears, a reference in this Act to the Export Market Development Grants Act 1997 includes a reference to the Export Market Development Grants Act 1974 to the extent that that Act continues to apply because of item 2 of Schedule 1 to the Export Market Development Grants (Repeal and Consequential Provisions) Act 1997.\n  (5) In any other Act, a reference to an employee of the Australian Trade and Investment Commission is a reference to a person engaged by the CEO under section 74 of the Public Service Act 1999.\n\n#### 4 Extension to Territories\n\n  (1) Subject to subsection (2), this Act extends to all the Territories.\n  (2) The Minister may, by notice published in the Gazette, declare that, on a day specified in the notice, this Act ceases to extend to an external Territory specified in the notice, and, where such a notice is published:\n    (a) this Act does not, on or after that day, extend to the Territory so specified;\n    (b) a reference in this Act to a Territory does not, on or after that day, include a reference to the Territory so specified; and\n    (c) the Territory so specified shall, on and after that day, be deemed, for the purposes of this Act, to be a foreign country.\n\n#### 5 Application of Act outside Australia\n\n  This Act applies both within and outside Australia.\n\n#### 6 Application of Export Market Development Grants Act 1997 not affected\n\n  Nothing in section 4 or 5 shall be taken to affect the application of the Export Market Development Grants Act 1997.\n\n#### 6A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n## Part 2—Establishment and function of the Australian Trade and Investment Commission\n\n#### 7 Australian Trade and Investment Commission\n\n  (1) The body known immediately before the commencement of this subsection as the Australian Trade Commission is continued in existence as the Australian Trade and Investment Commission.\n\n> Note: See also subsection 25B(1) of the Acts Interpretation Act 1901.\n\n  (2) The Commission consists of:\n    (a) the CEO; and\n    (b) the staff of the Commission referred to in section 60.\n  (3) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):\n    (a) the Commission is a listed entity; and\n    (b) the CEO is the accountable authority of the Commission; and\n    (c) the following persons are officials of the Commission:\n    (i) the CEO;\n    (ii) the staff of the Commission referred to in section 60;\n    (iii) consultants engaged under section 62; and\n    (d) the purposes of the Commission include:\n    (i) the function of the Commission referred to in section 7A; and\n    (ii) the functions of the CEO referred to in section 8.\n\n#### 7A Function of the Commission\n\n  The function of the Commission (other than the CEO) is to assist the CEO in the performance of his or her functions.\n\n## Part 3—Establishment and functions of the CEO\n\n#### 7B The Chief Executive Officer\n\n  There is to be a Chief Executive Officer of the Commission.\n\n> Note: For the appointment, terms and conditions of the CEO, see Division 1 of Part 6.\n\n#### 8 Functions of the CEO\n\n  (1) The functions of the CEO are:\n    (a) to facilitate and encourage trade between Australia and foreign countries (in this section referred to as Australian export trade) by:\n    (i) representing the trading and commercial interests of Australia in foreign countries; and\n    (ii) assisting, directly or indirectly, Australian organisations in trade negotiations; and\n    (iii) promoting, or participating in or co‑ordinating projects to promote, Australian export trade; and\n    (iv) obtaining, and making available to Australian organisations, information relating to current or future opportunities for Australian export trade, including opportunities for involvement in overseas development projects; and\n    (v) supporting and facilitating investment in foreign countries, and facilitating investment in Australia, where that investment is likely to enhance opportunities for Australian export trade; and\n    (vi) carrying out, or assisting other persons to carry out, or participating with other persons in carrying out, in whole or in part, overseas development projects, in circumstances where that course of action will benefit Australian organisations; and\n    (viii) administering the Export Market Development Grants Act 1997; and\n    (ix) developing and administering schemes to provide assistance in the development of markets in foreign countries; and\n    (x) facilitating access by persons to Departments of State of the Commonwealth or of a State and to instrumentalities established by or under a law of the Commonwealth or of a State where that access is likely to enhance opportunities for Australian export trade; and\n    (b) to do any other act or thing required or permitted by:\n    (i) this Act; or\n    (ii) any other Act; or\n    (iii) an instrument under an Act;\n    to be done by the CEO; and\n    (c) to act, outside Australia, as agent for Departments of State of the Commonwealth or for instrumentalities established by or under a law of the Commonwealth.\n  (2) Without limiting subsection (1), the functions of the CEO include developing and administering policies relating to tourism (including domestic tourism).\n  (3) The CEO may perform his or her functions under subsection (2) to the extent only that they are not in excess of the functions that may be conferred on the CEO by virtue of any of the legislative powers of the Parliament, and, in particular, may perform his or her functions under that subsection:\n    (a) for purposes related to external affairs; and\n    (b) in the course of, or in relation to, trade and commerce with other countries, among the States, between Territories or between a Territory and a State; and\n    (c) for purposes related to a Territory; and\n    (d) by means of a communication using a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; and\n    (e) for purposes related to the collection, compilation, analysis, use and dissemination of statistics; and\n    (f) for purposes related to a corporation to which paragraph 51(xx) of the Constitution applies; and\n    (g) for purposes related to lighthouses, lightships, beacons and buoys; and\n    (h) for purposes related to matters incidental to the execution of the legislative powers of the Parliament or the executive power of the Commonwealth; and\n    (i) for purposes related to a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970; and\n    (j) for purposes related to the executive power of the Commonwealth; and\n    (k) for purposes related to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; and\n    (l) for purposes related to matters that are peculiarly adapted to the government of a nation and that cannot otherwise be carried on for the benefit of the nation; and\n    (m) by way of providing a service, if the provision of the service utilises the CEO’s spare capacity and does not impede the CEO’s capacity to perform his or her other functions.\n\n#### 9 Duties\n\n  (1) The CEO must perform his or her functions under subsection 8(1) in such a manner as will best assist in the development of trade between Australia and foreign countries.\n  (2) In performing his or her functions, the CEO must:\n    (a) comply with any directions given to the CEO under section 10; and\n    (b) have regard to the need to provide services as efficiently and economically as possible; and\n    (c) in relation to his or her functions under subsection 8(1), have regard to:\n    (i) the desirability of improving and extending the range and accessibility of advice, assistance and financial support available (whether through the Commission and the CEO or otherwise) to persons involved, or likely to be involved, either directly or indirectly, in trade between Australia and foreign countries; and\n    (ii) Australia’s obligations under international agreements.\n\n#### 9A Overseas exercise of CEO’s powers\n\n  The powers of the CEO may be exercised, on behalf of the Commonwealth, in Australia or elsewhere.\n\n#### 9B CEO may charge fees\n\n  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.\n\n#### 10 Power of Minister to give directions\n\n  (1) The Minister may give to the CEO, in writing, such directions with respect to the performance of his or her functions, and the exercise of his or her powers, under this Act, as appear to the Minister to be necessary.\n\n> Note: A direction under this section is included in the annual report: see section 92.\n\n  (3) Nothing in subsection (1) shall be construed as empowering the Minister to determine that the CEO should deal in a particular manner with a particular person, or with a particular application, grant agreement or grant, under the Export Market Development Grants Act 1997.\n  (4) A direction given by the Minister under subsection (1) must not prejudicially affect an application made, or grant agreement entered into, under the Export Market Development Grants Act 1997.\n  (5) This section does not affect the operation of any other provision of this Act or of any other Act that confers a power upon the Minister to give directions to the CEO.\n  (6) A direction under this section is not a legislative instrument.\n\n## Part 6—CEO and staff\n\n### Division 1—Chief Executive Officer\n\n#### 51 Appointment of Chief Executive Officer\n\n  (1) The CEO is to be appointed by the Minister by written instrument.\n  (2) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n  (3) An appointment under this section is not ineffective merely because of a defect or irregularity in relation to the appointment.\n  Terms and conditions\n  (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.\n\n#### 52 Appointment to be full‑time\n\n  The CEO holds office on a full‑time basis.\n\n#### 54 Remuneration and allowances\n\n  (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.\n  (2) The CEO is to be paid the allowances that are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 55 CEO not to engage in paid employment\n\n  The CEO must not engage in paid employment outside the duties of his or her office except with the Minister’s approval.\n\n#### 56 Acting CEO\n\n  The Minister may appoint a person to act as the CEO:\n    (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or\n    (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.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n#### 57 Leave of absence\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (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.\n\n#### 58 Resignation\n\n  The CEO may resign from office by giving the Minister a written resignation that has been signed by the CEO.\n\n#### 59 Termination\n\n  (1) The Minister may terminate the appointment of the CEO for misbehaviour or physical or mental incapacity.\n  (2) The Minister may terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with his or her creditors; or\n    (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Minister’s approval, in paid employment outside the duties of his or her office.\n  (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.\n\n### Division 2—Staff of the Commission\n\n#### 60 Staff of the Commission\n\n  (1) The staff of the Commission are to be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the staff of the Commission together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n\n#### 61 Locally engaged employees\n\n  To avoid doubt, the CEO may, under section 74 of the Public Service Act 1999, engage persons overseas to perform duties overseas as employees.\n\n#### 62 Consultants\n\n  The CEO may, on behalf of the Commonwealth, engage consultants to perform services for the CEO related to the CEO’s functions.\n\n## Part 7—Corporate plans\n\n#### 65 Approval of corporate plans\n\n  (1) Each corporate plan shall be submitted to the Minister for approval before the intended day of commencement of the period to which the corporate plan relates and shall not come into force until:\n    (a) the day on which it is approved by the Minister; or\n    (b) the day of commencement of the period to which it relates;\n  whichever is the later.\n  (2) Upon the coming into force of a corporate plan under subsection (1), any corporate plan that is already in force ceases to be in force.\n\n#### 66 Variation of corporate plans\n\n  (1) The CEO may, at any time, review a corporate plan, whether or not it has come into force, and consider whether a variation to the plan is necessary.\n  (2) The CEO may, with the approval of the Minister, vary a corporate plan.\n  (3) The Minister may, at any time, request the CEO to vary a corporate plan, whether or not it has come into force.\n  (4) Where the Minister requests a variation of a corporate plan, the CEO shall, with the approval of the Minister, vary that plan accordingly.\n  (5) Where a variation of a corporate plan is approved by the Minister after the plan has come into force, the plan as so varied shall continue in force on and after the day on which the variation is so approved.\n\n## Part 9—Miscellaneous\n\n#### 90 Delegations by Minister and CEO\n\n  (1) The Minister may, in writing, delegate all or any of the Minister’s functions or powers under this Act, other than the Minister’s powers under sections 65 and 66, to the CEO.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n  (2) The CEO may, in writing, delegate all or any of the CEO’s functions or powers under this Act to a member of the staff of the Commission referred to in section 60.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n  (3) The CEO may, in writing, delegate all or any of the CEO’s functions or powers under the Export Market Development Grants Act 1997, or the rules made under that Act, to:\n    (a) a member of the staff of the Commission referred to in section 60 of this Act; or\n    (b) an APS employee in a non‑corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) who holds or performs the duties of an Executive Level 1 position, or an equivalent or higher position.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n  (4) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the person who delegated the function or power.\n\n#### 92 Annual reports\n\n  The annual report prepared by the CEO and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following:\n    (a) information about the Commission’s operations under the Export Market Development Grants Act 1997 during the period;\n    (b) particulars of all directions given by the Minister to the CEO under subsection 10(1) during the period, other than any direction that includes a statement to the effect that the direction is not to be disclosed:\n    (i) for reasons of national security; or\n    (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.\n\n#### 94 Secrecy\n\n  (1) This section applies to a person who is or has been:\n    (a) the CEO; or\n    (b) a member of the staff of the Commission referred to in section 60; or\n    (c) a consultant engaged under section 62.\n  (2) Subject to this section, a person to whom this section applies shall not, either directly or indirectly, except for the purposes of this Act:\n    (a) make a record of, or divulge or communicate to any person, any information concerning the affairs of another person acquired by the first‑mentioned person by reason of his or her employment; or\n    (b) produce to any person a document relating to the affairs of another person furnished for the purposes of this Act.\n\nPenalty: Imprisonment for 12 months or 20 penalty units, or both.\n\n  (3) Subsection (2) does not apply to the disclosure of information, or the production of a document, to the Minister, to the Secretary of the Department, or to an officer of the Department designated by the Secretary.\n  (4) Subsection (2) does not prevent a person to whom this section applies from communicating, or making available to another person:\n    (b) the following information relating to payments of grants authorised by the CEO under the Export Market Development Grants Act 1997 or the Export Market Development Grants Act 1974:\n    (i) the name and address of a person to whom the CEO has authorised a payment;\n    (ii) the amount of a grant to a person;\n    (iii) the industry to which a grant relates; and\n    (c) any information of a statistical nature relating to the making of grants under the Export Market Development Grants Act 1974 or the Export Market Development Grants Act 1997.\n  (5) A person to whom this section applies shall not be required to divulge or communicate to a court any information referred to in subsection (2) or to produce in a court any document referred to in that subsection, except when it is necessary to do so for the purposes of, or of a prosecution for an offence against, this Act, the Export Market Development Grants Act 1974 or the Export Market Development Grants Act 1997.\n  (6) A person to whom information is communicated under subsection (3) and an employee or other person under that person’s control are, in respect of that information, entitled to rights and privileges, and subject to obligations and liabilities, under subsections (2) and (5) as if they were persons referred to in subsection (1).\n  (7) In this section:\n\n> court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.\n\n> produce includes to permit access to.\n\n#### 97 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act;\n  and in particular prescribing penalties, not exceeding a fine of 5 penalty units, for offences against the regulations.","sortOrder":28},{"sectionNumber":"60","sectionType":"section","heading":"Staff of the Commission","content":"#### 60 Staff of the Commission\n\n  (1) The staff of the Commission are to be persons engaged under the Public Service Act 1999.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the staff of the Commission together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.","sortOrder":29},{"sectionNumber":"61","sectionType":"section","heading":"Locally engaged employees","content":"#### 61 Locally engaged employees\n\n  To avoid doubt, the CEO may, under section 74 of the Public Service Act 1999, engage persons overseas to perform duties overseas as employees.","sortOrder":30},{"sectionNumber":"62","sectionType":"section","heading":"Consultants","content":"#### 62 Consultants\n\n  The CEO may, on behalf of the Commonwealth, engage consultants to perform services for the CEO related to the CEO’s functions.","sortOrder":31},{"sectionNumber":"Part 7","sectionType":"part","heading":"Corporate plans","content":"## Part 7—Corporate plans","sortOrder":32},{"sectionNumber":"65","sectionType":"section","heading":"Approval of corporate plans","content":"#### 65 Approval of corporate plans\n\n  (1) Each corporate plan shall be submitted to the Minister for approval before the intended day of commencement of the period to which the corporate plan relates and shall not come into force until:\n    (a) the day on which it is approved by the Minister; or\n    (b) the day of commencement of the period to which it relates;\n  whichever is the later.\n  (2) Upon the coming into force of a corporate plan under subsection (1), any corporate plan that is already in force ceases to be in force.","sortOrder":33},{"sectionNumber":"66","sectionType":"section","heading":"Variation of corporate plans","content":"#### 66 Variation of corporate plans\n\n  (1) The CEO may, at any time, review a corporate plan, whether or not it has come into force, and consider whether a variation to the plan is necessary.\n  (2) The CEO may, with the approval of the Minister, vary a corporate plan.\n  (3) The Minister may, at any time, request the CEO to vary a corporate plan, whether or not it has come into force.\n  (4) Where the Minister requests a variation of a corporate plan, the CEO shall, with the approval of the Minister, vary that plan accordingly.\n  (5) Where a variation of a corporate plan is approved by the Minister after the plan has come into force, the plan as so varied shall continue in force on and after the day on which the variation is so approved.","sortOrder":34},{"sectionNumber":"Part 9","sectionType":"part","heading":"Miscellaneous","content":"## Part 9—Miscellaneous","sortOrder":35},{"sectionNumber":"90","sectionType":"section","heading":"Delegations by Minister and CEO","content":"#### 90 Delegations by Minister and CEO\n\n  (1) The Minister may, in writing, delegate all or any of the Minister’s functions or powers under this Act, other than the Minister’s powers under sections 65 and 66, to the CEO.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n  (2) The CEO may, in writing, delegate all or any of the CEO’s functions or powers under this Act to a member of the staff of the Commission referred to in section 60.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n  (3) The CEO may, in writing, delegate all or any of the CEO’s functions or powers under the Export Market Development Grants Act 1997, or the rules made under that Act, to:\n    (a) a member of the staff of the Commission referred to in section 60 of this Act; or\n    (b) an APS employee in a non‑corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) who holds or performs the duties of an Executive Level 1 position, or an equivalent or higher position.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n  (4) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the person who delegated the function or power.","sortOrder":36},{"sectionNumber":"92","sectionType":"section","heading":"Annual reports","content":"#### 92 Annual reports\n\n  The annual report prepared by the CEO and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following:\n    (a) information about the Commission’s operations under the Export Market Development Grants Act 1997 during the period;\n    (b) particulars of all directions given by the Minister to the CEO under subsection 10(1) during the period, other than any direction that includes a statement to the effect that the direction is not to be disclosed:\n    (i) for reasons of national security; or\n    (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.","sortOrder":37},{"sectionNumber":"94","sectionType":"section","heading":"Secrecy","content":"#### 94 Secrecy\n\n  (1) This section applies to a person who is or has been:\n    (a) the CEO; or\n    (b) a member of the staff of the Commission referred to in section 60; or\n    (c) a consultant engaged under section 62.\n  (2) Subject to this section, a person to whom this section applies shall not, either directly or indirectly, except for the purposes of this Act:\n    (a) make a record of, or divulge or communicate to any person, any information concerning the affairs of another person acquired by the first‑mentioned person by reason of his or her employment; or\n    (b) produce to any person a document relating to the affairs of another person furnished for the purposes of this Act.\n\nPenalty: Imprisonment for 12 months or 20 penalty units, or both.\n\n  (3) Subsection (2) does not apply to the disclosure of information, or the production of a document, to the Minister, to the Secretary of the Department, or to an officer of the Department designated by the Secretary.\n  (4) Subsection (2) does not prevent a person to whom this section applies from communicating, or making available to another person:\n    (b) the following information relating to payments of grants authorised by the CEO under the Export Market Development Grants Act 1997 or the Export Market Development Grants Act 1974:\n    (i) the name and address of a person to whom the CEO has authorised a payment;\n    (ii) the amount of a grant to a person;\n    (iii) the industry to which a grant relates; and\n    (c) any information of a statistical nature relating to the making of grants under the Export Market Development Grants Act 1974 or the Export Market Development Grants Act 1997.\n  (5) A person to whom this section applies shall not be required to divulge or communicate to a court any information referred to in subsection (2) or to produce in a court any document referred to in that subsection, except when it is necessary to do so for the purposes of, or of a prosecution for an offence against, this Act, the Export Market Development Grants Act 1974 or the Export Market Development Grants Act 1997.\n  (6) A person to whom information is communicated under subsection (3) and an employee or other person under that person’s control are, in respect of that information, entitled to rights and privileges, and subject to obligations and liabilities, under subsections (2) and (5) as if they were persons referred to in subsection (1).\n  (7) In this section:\n\n> court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.\n\n> produce includes to permit access to.","sortOrder":38},{"sectionNumber":"97","sectionType":"section","heading":"Regulations","content":"#### 97 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act;\n  and in particular prescribing penalties, not exceeding a fine of 5 penalty units, for offences against the regulations.","sortOrder":39}],"analysis":{"issue_detection":{"absurdities":[{"type":"circular_definition","section":"7A","severity":"medium","reasoning":"Section 7(2) defines the Commission as consisting of (a) the CEO and (b) the staff. Section 7A then defines the function of the Commission 'other than the CEO' as being to assist the CEO. This creates a peculiar structural absurdity: the Commission exists to assist one of its own constituent parts. The CEO is simultaneously the head of the Commission, part of the Commission, the accountable authority of the Commission, and the entity whom the rest of the Commission exists solely to serve. The Commission has no independent institutional purpose beyond being a vehicle for the CEO.","confidence":0.82,"description":"The Commission's sole function is to assist the CEO, yet the CEO is defined as part of the Commission. The Commission (other than the CEO) exists solely to assist the CEO, who is simultaneously a component of the entity being assisted and the entity doing the assisting."},{"type":"other","section":"8(1)(a) - missing subparagraph (vii)","severity":"medium","reasoning":"The numbering sequence in s.8(1)(a) runs (i), (ii), (iii), (iv), (v), (vi), then skips directly to (viii). Subparagraph (vii) is simply absent. This is either a drafting error where a function was repealed but the remaining items were not renumbered, or a genuine omission. Either way, it creates interpretive uncertainty and a visible gap in the legislative text that could raise questions about what function was removed and whether its removal was intentional.","confidence":0.95,"description":"Section 8(1)(a) enumerates the CEO's functions using subparagraphs (i) through (vi) and then jumps directly to (viii), with subparagraph (vii) entirely absent from the text. This creates a legislative gap where a function apparently existed or was intended to exist but is either missing or was deleted without renumbering."},{"type":"circular_definition","section":"66(4)","severity":"low","reasoning":"If the Minister has already requested a specific variation under s.66(3), requiring the CEO to then obtain the Minister's approval for that same variation under s.66(4) is logically redundant. The Minister cannot coherently withhold approval for a variation they themselves mandated. The approval mechanism serves no practical gatekeeping function in this context, rendering s.66(4)'s approval requirement an empty procedural step.","confidence":0.75,"description":"Section 66(4) creates a circular approval requirement: when the Minister requests the CEO to vary a corporate plan, the CEO must vary it 'with the approval of the Minister.' The Minister is simultaneously the requester of the variation and the approver of it, making the approval step a meaningless formality that adds no legal content."},{"type":"other","section":"59(3)","severity":"low","reasoning":"Section 59(3) mandates termination based solely on the Minister's opinion, with no objective criteria for what constitutes 'unsatisfactory' performance or a 'significant period of time.' Combined with s.59(1) which gives the Minister a discretionary power to terminate for misbehaviour, this creates an asymmetry: discretionary termination for misbehaviour (a more serious ground) but mandatory termination for the entirely subjective ground of unsatisfactory performance. This inversion of what would logically be the more serious consequence is structurally odd.","confidence":0.65,"description":"The mandatory termination provision in s.59(3) makes the Minister both the judge of unsatisfactory performance and the executor of the consequence, with no objective standard, no defined threshold, no appeal mechanism, and no procedural fairness requirement specified. The standard 'unsatisfactory for a significant period of time' is entirely subjective."},{"type":"self_contradicting","section":"94(2)","severity":"low","reasoning":"Section 94(2) imposes a prohibition on disclosure except for the purposes of the Act. Section 94(3) then provides that s.94(2) does not apply to disclosure to the Minister. Since s.94(3) creates an absolute carve-out with no 'for the purposes of this Act' limitation, information can be disclosed to the Minister for purposes entirely unrelated to the Act. The exception effectively swallows part of the rule for ministerial disclosure.","confidence":0.7,"description":"The secrecy provision prohibits disclosure 'except for the purposes of this Act,' yet s.94(3) carves out disclosure to the Minister without any requirement that such disclosure be for the purposes of the Act. This means the exception in s.94(3) is actually broader than the prohibition in s.94(2), as the Minister can receive information for any purpose."},{"type":"other","section":"8(3)(g)","severity":"low","reasoning":"Section 8(3)(g) purports to ground the CEO's tourism functions (including domestic tourism) in the Commonwealth's power over lighthouses, lightships, beacons and buoys under s.51(vii) of the Constitution. While the drafters were clearly including all available heads of power as a belt-and-suspenders approach, the practical application of lighthouse power to domestic tourism policy is vanishingly narrow to the point of absurdity as a meaningful grant of authority.","confidence":0.6,"description":"The CEO's tourism functions under s.8(2) may be performed 'for purposes related to lighthouses, lightships, beacons and buoys.' The connection between administering domestic tourism policy and maritime navigational aids is so attenuated as to be practically meaningless as a constitutional head of power for tourism administration."}],"contradictions":[{"severity":"low","section_a":"55 (CEO not to engage in paid employment)","section_b":"59(2)(c) (Termination for paid employment)","confidence":0.6,"description":"Section 55 prohibits the CEO from engaging in paid employment outside duties except with the Minister's approval. Section 59(2)(c) makes this a ground for discretionary termination. However, s.59(3) separately mandates termination for unsatisfactory performance. The treatment of the paid employment breach as merely discretionary (may terminate) rather than mandatory creates an inconsistency in the severity of consequences relative to the mandatory termination for the more subjective ground of unsatisfactory performance."},{"severity":"medium","section_a":"10(1) (Minister may give directions on performance of functions)","section_b":"10(3) (Minister cannot direct on particular persons/applications under EMDG Act)","confidence":0.72,"description":"Section 10(1) gives the Minister broad power to direct the CEO on the performance of all functions and exercise of all powers under the Act. The CEO's functions explicitly include administering the Export Market Development Grants Act 1997 under s.8(1)(a)(viii). Section 10(3) then carves out a specific limit on this direction power regarding particular persons or applications under the EMDG Act. The tension arises because a sufficiently general direction about how to administer the EMDG Act could achieve the same practical effect as a direction about a particular person, making the boundary between permissible general directions and prohibited particular directions unclear."},{"severity":"medium","section_a":"90(1) (Minister may delegate powers to CEO, excluding ss.65 and 66)","section_b":"66(2) and 66(4) (CEO may vary corporate plans with Minister's approval)","confidence":0.78,"description":"Section 90(1) expressly excludes the Minister's powers under sections 65 and 66 from delegation to the CEO. This means the CEO cannot exercise the Minister's approval power over corporate plans. Yet sections 66(2) and 66(4) require the CEO to obtain the Minister's approval to vary corporate plans — including plans the Minister has herself requested to be varied under s.66(3). The non-delegability of the approval power combined with the mandatory approval requirement means there is no mechanism for the CEO to self-approve a variation even in circumstances of ministerial unavailability, creating a potential operational deadlock."},{"severity":"medium","section_a":"3(1) definition of 'Australia' (includes Territories to which Act extends)","section_b":"4(2)(c) (excised Territory deemed a foreign country)","confidence":0.85,"description":"The definition of 'Australia' in s.3(1) is dynamic and depends on which Territories the Act currently extends to. When the Minister excises an external Territory under s.4(2), that Territory is simultaneously: (a) no longer part of 'Australia' for the Act's purposes, and (b) deemed to be a 'foreign country.' This means trade between mainland Australia and the excised Territory would then constitute 'trade between Australia and foreign countries' — the very activity the Commission exists to promote. The Act's core mission would then extend to what was previously a domestic Territory, a logical inversion of the intended purpose."},{"severity":"low","section_a":"9(1) (CEO must perform s.8(1) functions to best assist trade development)","section_b":"9(2)(b) (CEO must have regard to providing services as efficiently and economically as possible)","confidence":0.65,"description":"Section 9(1) imposes a 'best' standard on trade facilitation functions — requiring the CEO to act in the manner that will 'best assist' trade development. Section 9(2)(b) requires the CEO to have regard to efficiency and economy. These duties can conflict: the approach that 'best assists' trade development may not be the most economically efficient one. The Act provides no hierarchy or resolution mechanism for when maximum effectiveness conflicts with maximum efficiency, leaving the CEO with an irresolvable tension between two mandatory obligations."}]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1985 purpose of facilitating export trade. The 2015 amendments (reflected in the current name 'Australian Trade and Investment Commission') added substantial investment facilitation functions. Additionally, section 8(2) now includes tourism policy development (including domestic tourism), which is a considerable expansion from the original purely trade-focused mandate. The constitutional limitations clause in section 8(3) was added to accommodate these expanded functions within Commonwealth legislative power, indicating the scope has pushed beyond the original straightforward trade promotion intent."},"complexity_factors":["Multiple cross-references to other Acts including the Public Governance, Performance and Accountability Act 2013, Public Service Act 1999, Export Market Development Grants Act 1997, and Criminal Code","Constitutional limitations clause in section 8(3) with 13 separate heads of power (paragraphs a-m) limiting the CEO's tourism functions","Complex definition of 'Australian organisation' with nested sub-paragraphs covering natural persons, partnerships, companies, authorities, and government agencies","Secrecy provisions in section 94 with multiple exceptions and deeming provisions (subsections 3-6)","Interaction between the Commission as a body, the CEO as accountable authority, and staff as public servants creates overlapping governance structures","Ministerial direction powers in section 10 contain specific exclusions and limitations regarding export market development grants","Corporate plan approval mechanism with timing conditions and variation procedures"],"plain_english_summary":"This Act establishes and governs the **Australian Trade and Investment Commission** (Austrade), the government agency that helps Australian businesses trade internationally and attracts foreign investment.\n\n**What it does:**\n- **Creates the Commission**: Continues the Australian Trade Commission (established 1985) as the Australian Trade and Investment Commission, led by a Chief Executive Officer (CEO).\n- **Sets the CEO's role**: The CEO facilitates trade between Australia and other countries by representing Australian commercial interests overseas, helping local businesses with trade negotiations, promoting exports, providing market information, and administering the Export Market Development Grants scheme (a program that helps small businesses market their products overseas).\n- **Expands to investment and tourism**: The CEO also supports investment into Australia that boosts export opportunities, and develops tourism policies (including domestic tourism), though this is limited by constitutional powers.\n- **Governance structure**: The Commission consists of the CEO and staff. The CEO is a statutory agency head under the Public Service Act, with powers to hire staff, engage consultants, and charge fees for services.\n- **Ministerial oversight**: The Minister can give the CEO written directions about functions and powers (except regarding specific grant decisions), and must approve corporate plans.\n- **Secrecy protections**: Staff and consultants are bound by strict confidentiality rules about information obtained through their work, with criminal penalties for breaches.\n- **Geographic reach**: The Act applies throughout Australia, its territories, and overseas.\n\n**Who it affects:**\n- Australian businesses seeking to export or expand internationally\n- Foreign investors looking to invest in Australia\n- The CEO and staff of Austrade\n- The Minister for Trade and Tourism\n\n**Why it matters:**\nThis is the foundational law for Australia's key trade promotion agency. It determines how the government assists exporters, manages grants for market development, and coordinates Australia's international commercial representation. The 2015 renaming from \"Trade Commission\" to \"Trade and Investment Commission\" reflected the expanded focus on foreign investment attraction."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act continues the existing Australian Trade Commission in existence as the Australian Trade and Investment Commission (s7(1)) and sets out the Commission’s and CEO’s functions (s8), governance, staffing and reporting arrangements. The provided text does not contain an internal provision stating that it changes or reduces the earlier statutory scope; instead it records continuity and enumerates functions (including administration of the Export Market Development Grants Act 1997 at s8(1)(viii)). On the face of the supplied text, there is no explicit change of scope from the body it continues beyond the continuation itself (s7(1)) and the specification of functions and administrative arrangements (s8, ss51–66, s90)."},"complexity_factors":["Cross‑references to multiple other statutes and instruments (Public Governance, Performance and Accountability Act 2013; Public Service Act 1999; Export Market Development Grants Act 1997/1974; Criminal Code; Remuneration Tribunal Act 1973) which require reading those texts to understand implementation (ss7(3), 60(1), 8(1)(viii), 6A, 54(3)).","Ministerial discretion and oversight combined with operational CEO powers (appointment/termination, written directions, corporate plan approval and variation) creating layered decision‑making (ss51–59, 10, 65–66).","Delegation architecture permitting transfer of functions (Minister -> CEO; CEO -> staff; CEO delegations of certain grants powers to APS staff) with compliance obligations for delegates (s90, s90(3)–(4)).","Secrecy regime with criminal penalties and specific exceptions, producing legal risk and compliance obligations for staff and consultants (s94).","CEO fee‑charging power, grants administration role and status as a listed entity under finance law combine commercial and public finance rules (s9B, s8(1)(viii), s7(3)(a)).","Operational flexibility to act overseas and engage locally employed overseas staff and consultants, requiring coordination of employment and overseas delegations (ss9A, 61–62).","Corporate planning process requiring Ministerial approval and potential post‑commencement variation (ss65–66) which layers strategic control and planning complexity.","Repetition and distributed placement of related provisions across Parts and Divisions increases the reading and cross‑checking burden in the text supplied."],"plain_english_summary":"# What this Act does, who it affects, and how it works\n\n- What the instrument does mechanically\n  - Establishes and continues a Commonwealth agency called the Australian Trade and Investment Commission (the Commission) by continuing the previous Australian Trade Commission in existence as the Commission (s7(1)).\n  - Creates a single senior officer, the Chief Executive Officer (CEO), as head of the Commission and sets out that the Commission consists of the CEO and the staff engaged under the Public Service Act 1999 (s7(2), s60(1)).\n  - Gives the CEO a list of operational functions focused on facilitating and encouraging trade between Australia and foreign countries, supporting and facilitating investment (both into and from Australia), administering the Export Market Development Grants Act 1997, promoting export trade opportunities (including overseas development projects), and developing or administering tourism policy to the extent permitted by constitutional powers (s8(1)–(3)).\n  - Provides administrative architecture: appointment, term (max 5 years), full‑time status, remuneration, leave, resignation and grounds for termination of the CEO (ss51–59); staff engagement under the Public Service Act (s60); power to engage consultants and locally engaged overseas employees (ss61–62).\n  - Requires a corporate plan prepared under the Public Governance, Performance and Accountability Act 2013 to be submitted to and approved by the Minister before it comes into force; both CEO and Minister may vary plans but Minister approval is required for variations (ss65–66).\n  - Gives the Minister written direction power over the CEO in relation to performance of functions and exercise of powers, subject to explicit limits protecting decision‑making under the Export Market Development Grants Act 1997 (s10(1), (3)–(4)). Directions must be recorded in the annual report (s92).\n  - Makes the Commission a listed entity for finance law purposes and makes the CEO the accountable authority (s7(3)); the CEO may also charge fees for services connected with their functions (s9B).\n  - Imposes secrecy obligations on the CEO, staff and engaged consultants with a criminal penalty for unauthorised disclosure, while preserving specified disclosure exceptions (s94).\n  - Confers delegation powers (Minister -> CEO except for corporate plan powers; CEO -> Commission staff; CEO can delegate some EMG Act powers to specified APS employees) and requires delegates to comply with written directions of the delegator (s90, s90(3)).\n  - States that Chapter 2 of the Criminal Code applies to offences under this Act and that the Act applies inside and outside Australia and to Territories (ss5, 6A, 4).\n\n- Who is directly affected\n  - The CEO (appointment, duties, limits on outside paid work, termination rules) (Divisions 1 & 6).\n  - Commission staff and consultants (terms under the Public Service Act, secrecy obligations, delegation framework) (ss60, 62, 94, 90).\n  - Australian organisations and persons seeking trade or investment assistance, and recipients of Export Market Development Grants (the CEO administers that grants Act) (s8(1)(viii), s94(4)(b)).\n  - The Minister and Departmental officers (powers to direct, to approve corporate plans, to receive disclosures) (ss10, 65–66, 94(3)).\n\n- Why it matters (official purpose claims and practical mechanics)\n  - The Act expressly frames the Commission’s purpose as facilitating and promoting trade between Australia and foreign countries (short title/preamble and s8). That purpose is translated into operational tools: representation abroad, trade negotiation assistance, market information, grant administration, project participation, and facilitation of access to government departments (s8(1)(i)–(vi), (ix)–(x)).\n  - The Act gives the CEO both executive responsibility and a degree of commercial flexibility: the CEO is the accountable authority for finance law purposes (s7(3)) and may charge fees for services provided in connection with functions under the Act (s9B). At the same time, the Minister retains supervisory control through appointment, termination, approval of corporate plans, and the power to give written directions (ss51, 59, 65–66, 10).\n\n- How the Act shapes incentives, costs and discretion (source‑grounded)\n  - Who pays: the Commission is a listed entity under the finance law and therefore subject to public money management (s7(3)(a)); the CEO may also recover costs from users by charging fees for services provided under the Act (s9B). The Act also gives the CEO authority to administer grant payments under the Export Market Development Grants Act 1997 (s8(1)(viii)), which involves outgoing public funds (s94(4)(b) records details of such payments as disclosable information).\n  - Who decides and where discretion sits: the Minister appoints and may terminate the CEO (ss51, 59), approves and can request changes to corporate plans (ss65–66), and may give written directions about performance of functions (s10(1)). The CEO controls day‑to‑day execution, staff engagement under the Public Service Act, consultant engagement (ss60, 62), and may delegate powers to staff (s90(2)–(3)). These arrangements concentrate strategic control with the Minister while operational control is vested in the CEO and delegates.\n  - Compliance burden and legal risks: staff and consultants are bound by secrecy obligations with criminal penalties for unauthorised disclosure (s94(2); penalty stated). Delegates must follow any written directions of the delegator (s90(4)), creating an internal compliance requirement for written direction chains.\n  - Trade‑policy and market effects (mechanisms, not judgements): the CEO’s functions direct resources and staff time toward activities that promote export trade, investment facilitation, and market development (s8). The CEO’s ability to charge fees (s9B) creates an incentive to recover costs from service users; the power to administer grants (s8(1)(viii)) concentrates decisions on who receives targeted financial assistance in the Commission’s administration (subject to statutory grants law). Those arrangements can alter firms’ private choices by making Commission services, information or grants more or less available, at a cost or on terms the CEO sets or administers under delegated frameworks.\n\n- Trade‑offs and implementation points to watch (source‑grounded)\n  - Ministerial direction vs operational independence: the Minister’s written directions (s10) provide political control over priorities, but the Act protects specific grant decisions under the Export Market Development Grants Act 1997 from being overturned or prejudiced by Ministerial directions (s10(3)–(4)). The corporate plan process (ss65–66) similarly places ultimate approval authority with the Minister while giving the CEO responsibility for preparing and implementing the plan.\n  - Administrative discretion and internal controls: the CEO may delegate widely (s90), engage consultants (s62) and overseas employees (s61), and act abroad (s9A). These features permit flexible staffing and international deployment but require administrative controls and record‑keeping (corporate plans, annual report disclosure of Ministerial directions, s92).\n  - Confidentiality and transparency balance: the secrecy offence (s94) restricts disclosure of commercially sensitive information acquired in the course of work, with specific carve‑outs for ministerial/departmental disclosure and for certain grant payment details (s94(3)–(4)). The annual report must disclose Ministerial directions except where national security or certain Commonwealth financial interests justify non‑disclosure (s92).\n\n- Net practical effect in plain terms\n  - The Act sets up a single Commonwealth agency led by a CEO to promote Australian trade and investment abroad and administer related grants and services. The CEO runs the agency operationally and may charge fees; the Minister appoints and oversees the CEO, approves strategic corporate plans and may give written directions subject to statutory limits. Staff must observe secrecy rules and operate within the Public Service Act framework. The framework creates public accountability (finance law listing, annual report requirements) while centralising operational authority in the CEO and administrative staff under Ministerial oversight (ss7(3), 65–66, 90, 92)."},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 1985 Act was focused purely on facilitating export trade. Over time, its scope expanded materially to include: (1) investment attraction into Australia (not just outbound investment); (2) tourism policy development, including domestic tourism — a significant addition with no obvious connection to export trade; and (3) the ability to act as agent for Commonwealth departments overseas, broadening the Commission's role beyond a trade facilitation body into a general overseas representative of Commonwealth agencies."},"complexity_factors":["Multiple cross-references to other Acts (Public Governance, Performance and Accountability Act 2013; Public Service Act 1999; Export Market Development Grants Act 1997; Remuneration Tribunal Act 1973; Acts Interpretation Act 1901; Criminal Code)","Constitutional law grounding required to understand the exhaustive list of legislative powers in section 8(3), which anchors the tourism functions to specific heads of Commonwealth power","Layered governance structure distinguishing between the Commission as an entity and the CEO as the primary functional authority","Secrecy provisions with multiple carve-outs and exceptions that interact in non-obvious ways","Transitional provisions referencing superseded legislation (Export Market Development Grants Act 1974) that still has partial operation","Ministerial direction powers balanced against explicit protections for individual grant applicants — a nuanced tension requiring careful reading","Significant repetition of content throughout the document (sections appear multiple times), making the actual scope of the Act harder to assess at a glance"],"plain_english_summary":"## What is this law about?\n\nThis Act creates and governs **Austrade** — the Australian Trade and Investment Commission — a federal government body whose job is to help Australian businesses sell their goods and services overseas and attract foreign investment into Australia.\n\n## Who does it affect?\n\n- **Australian businesses** (from sole traders to large companies) that want to export products or services, enter foreign markets, or access government export grants\n- **Australian organisations** involved in overseas development projects (e.g., construction, engineering, agricultural projects in other countries)\n- **The CEO of Austrade** and all Austrade staff and consultants, who have specific legal duties and restrictions\n- **Tourism operators**, as the CEO also has responsibility for developing tourism policy (including domestic tourism)\n\n## What does it actually do?\n\n**1. Sets up Austrade**\nThe Act establishes Austrade as a government body headed by a Chief Executive Officer (CEO). The CEO is the key decision-maker — the rest of the Commission's job is simply to support the CEO.\n\n**2. Defines Austrade's job**\nThe CEO's core tasks include:\n- Representing Australia's commercial interests in other countries\n- Helping Australian businesses in trade negotiations\n- Promoting Australian exports abroad\n- Sharing market intelligence (information about business opportunities) with Australian organisations\n- Facilitating both Australian investment overseas AND foreign investment into Australia\n- Running the **Export Market Development Grants** program — a scheme that reimburses eligible businesses for money spent promoting their exports overseas\n- Developing tourism policy\n\n**3. Governs how Austrade is run**\nThe Minister (the relevant federal government minister) can give written directions to the CEO about how to do the job — but crucially, the Minister **cannot** interfere in individual grant decisions. This protects businesses from political interference in their grant applications.\n\n**4. Protects your confidential information**\nAustrade staff — including former employees and consultants — are legally **prohibited** from leaking your business information. Breaching this carries a penalty of up to 12 months in prison or a fine. There are limited exceptions (e.g., disclosing basic grant payment details is permitted).\n\n**5. CEO appointment and accountability**\nThe CEO is appointed by the Minister for up to 5 years, must work full-time, and cannot hold other paid jobs without the Minister's approval. The Minister can sack the CEO for poor performance, misconduct, or going bankrupt.\n\n## Why does it matter to you?\n\nIf you run a business that exports (or wants to), Austrade is your government partner. It can connect you with overseas opportunities, support you in foreign markets, and administer grants to help cover your export marketing costs. Your confidential business information shared with Austrade is legally protected."}},"importantCases":[],"_links":{"self":"/api/acts/australian-trade-and-investment-commission-act-1985","history":"/api/acts/australian-trade-and-investment-commission-act-1985/history","analysis":"/api/acts/australian-trade-and-investment-commission-act-1985/analysis","conflicts":"/api/acts/australian-trade-and-investment-commission-act-1985/conflicts","importantCases":"/api/acts/australian-trade-and-investment-commission-act-1985/important-cases","documents":"/api/acts/australian-trade-and-investment-commission-act-1985/documents"}}