{"id":"C2006A00056","name":"Australian Trade Commission Legislation Amendment Act 2006","slug":"australian-trade-commission-legislation-amendment-act-2006","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"56 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":53189,"registerId":"commonwealth-C2006A00056-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title [see Note 1]","content":"#### 1 Short title \\[see Note 1\\]\n\n This Act may be cited as the Australian Trade Commission Legislation Amendment Act 2006.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

21 June 2006

2. Schedule 1, Part 1

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

1 July 2006

(see F2006L01897)

3. Schedule 1, Part 2

At the same time as the provision(s) covered by table item 2 commence.

However, the provision(s) do not commence at all if section 3 of the Export Market Development Grants Legislation Amendment Act 2006 commences before that time.

Does not commence

4. Schedule 2, Part 1

At the same time as the provision(s) covered by table item 2.

1 July 2006

5. Schedule 2, Part 2, Division 1

The later of:

(a) the time at which the provision(s) covered by table item 2 commence; and

(b) immediately after section 3 of the Export Market Development Grants Legislation Amendment Act 2006 commences.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

1 July 2006

(paragraph (a) applies)

6. Schedule 2, Part 2, Division 2

At the same time as the provision(s) covered by table item 2 commence.

However, the provision(s) do not commence at all if section 3 of the Export Market Development Grants Legislation Amendment Act 2006 commences before that time.

Does not commence

7. Schedules 3 and 4

At the same time as the provision(s) covered by table item 2.

1 July 2006

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Schedule(s)","content":"#### 3 Schedule(s)\n\n Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.","sortOrder":2},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary\n\n2 Subsection 3(1)\n\nRepeal the subsection, substitute:\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 Australian Trade Commission established by section 7.\n\n> corporate plan means a plan developed by the CEO in accordance with section 64, and includes such a plan as varied in accordance with section 66.\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\n3 Subsection 3(2)\n\nRepeal the subsection, substitute:\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\n4 Subsection 3(3)\n\nRepeal the subsection.\n\n5 At the end of section 3\n\nAdd:\n\n (5) In any other Act, a reference to an employee of the Australian Trade Commission is a reference to a person engaged by the CEO under section 74 of the Public Service Act 1999.\n\n6 Part II (heading)\n\nRepeal the heading, substitute:","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Establishment and function of the Australian Trade Commission","content":"## Part 2—Establishment and function of the Australian Trade Commission\n\n7 Subsections 7(2), (3) and (4)\n\nRepeal the subsections, substitute:\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\n8 After section 7\n\nInsert:","sortOrder":4},{"sectionNumber":"Part 3","sectionType":"part","heading":"Establishment and functions of the CEO","content":"## Part 3—Establishment and functions of the CEO","sortOrder":5},{"sectionNumber":"7A","sectionType":"section","heading":"Function of the Australian Trade Commission","content":"#### 7A Function of the Australian Trade 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\n9 Before section 8\n\nInsert:","sortOrder":6},{"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.\n\n10 Section 8\n\nOmit “Commission” (wherever occurring), substitute “CEO”.\n\nNote: The heading to section 8 is altered by omitting “Commission” and substituting “the CEO”.\n\n11 Subsection 9(1)\n\nOmit “Commission shall perform its”, substitute “CEO must perform his or her”.\n\n12 Subsection 9(2)\n\nOmit “its functions, the Commission shall”, substitute “his or her functions, the CEO must”.\n\n13 Paragraph 9(2)(a)\n\nOmit “it”, substitute “the CEO”.\n\n14 Subparagraph 9(2)(b)(i)\n\nAfter “Commission”, insert “and the CEO”.\n\n15 Subparagraph 9(2)(b)(ii)\n\nOmit “its”.\n\n16 After section 9\n\nInsert:","sortOrder":7},{"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":8},{"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.\n\n17 Subsection 10(1)\n\nOmit “Commission”, substitute “CEO”.\n\n18 Subsection 10(1)\n\nOmit “its” (wherever occurring), substitute “his or her”.\n\n19 At the end of subsection 10(1)\n\nAdd:\n\n> Note: A direction under this section is included in the annual report: see section 92.\n\n20 Subsection 10(2)\n\nRepeal the subsection.\n\n21 Subsection 10(3)\n\nOmit “Commission”, substitute “CEO”.\n\n22 Subsection 10(3)\n\nOmit “or under a scheme approved by the Minister under section 30 of this Act”.\n\n23 Subsection 10(5)\n\nOmit “Commission”, substitute “CEO”.\n\n24 At the end of section 10\n\nAdd:\n\n (6) A direction under this section is not a legislative instrument.\n\n25 Parts III and IV\n\nRepeal the Parts.\n\n26 Part VI\n\nRepeal the Part, substitute:","sortOrder":9},{"sectionNumber":"Part 6","sectionType":"part","heading":"CEO and staff","content":"Schedule 1—Amendment of the Australian Trade Commission Act 1985\n\nPart 1—Main amendments\n\nAustralian Trade Commission Act 1985\n\n1 Part I (heading)\n\nRepeal the heading, substitute:\n\n## Part 1—Preliminary\n\n2 Subsection 3(1)\n\nRepeal the subsection, substitute:\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 Australian Trade Commission established by section 7.\n\n> corporate plan means a plan developed by the CEO in accordance with section 64, and includes such a plan as varied in accordance with section 66.\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\n3 Subsection 3(2)\n\nRepeal the subsection, substitute:\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\n4 Subsection 3(3)\n\nRepeal the subsection.\n\n5 At the end of section 3\n\nAdd:\n\n (5) In any other Act, a reference to an employee of the Australian Trade Commission is a reference to a person engaged by the CEO under section 74 of the Public Service Act 1999.\n\n6 Part II (heading)\n\nRepeal the heading, substitute:\n\n## Part 2—Establishment and function of the Australian Trade Commission\n\n7 Subsections 7(2), (3) and (4)\n\nRepeal the subsections, substitute:\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\n8 After section 7\n\nInsert:\n\n## Part 3—Establishment and functions of the CEO\n\n#### 7A Function of the Australian Trade 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\n9 Before section 8\n\nInsert:\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\n10 Section 8\n\nOmit “Commission” (wherever occurring), substitute “CEO”.\n\nNote: The heading to section 8 is altered by omitting “Commission” and substituting “the CEO”.\n\n11 Subsection 9(1)\n\nOmit “Commission shall perform its”, substitute “CEO must perform his or her”.\n\n12 Subsection 9(2)\n\nOmit “its functions, the Commission shall”, substitute “his or her functions, the CEO must”.\n\n13 Paragraph 9(2)(a)\n\nOmit “it”, substitute “the CEO”.\n\n14 Subparagraph 9(2)(b)(i)\n\nAfter “Commission”, insert “and the CEO”.\n\n15 Subparagraph 9(2)(b)(ii)\n\nOmit “its”.\n\n16 After section 9\n\nInsert:\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\n17 Subsection 10(1)\n\nOmit “Commission”, substitute “CEO”.\n\n18 Subsection 10(1)\n\nOmit “its” (wherever occurring), substitute “his or her”.\n\n19 At the end of subsection 10(1)\n\nAdd:\n\n> Note: A direction under this section is included in the annual report: see section 92.\n\n20 Subsection 10(2)\n\nRepeal the subsection.\n\n21 Subsection 10(3)\n\nOmit “Commission”, substitute “CEO”.\n\n22 Subsection 10(3)\n\nOmit “or under a scheme approved by the Minister under section 30 of this Act”.\n\n23 Subsection 10(5)\n\nOmit “Commission”, substitute “CEO”.\n\n24 At the end of section 10\n\nAdd:\n\n (6) A direction under this section is not a legislative instrument.\n\n25 Parts III and IV\n\nRepeal the Parts.\n\n26 Part VI\n\nRepeal the Part, substitute:\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 (1) 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: Section 33A of the Acts Interpretation Act 1901 contains provisions relating to acting appointments.\n\n (2) Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:\n (a) the occasion for the appointment had not arisen; or\n (b) there was a defect or irregularity in connection with the appointment; or\n (c) the appointment had ceased to have effect; or\n (d) the occasion to act had not arisen or had ceased.\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\n27 Part VII (heading)\n\nRepeal the heading, substitute:\n\n## Part 7—Corporate plans\n\n28 Division 1 of Part VII (heading)\n\nRepeal the heading.\n\n29 Subsection 64(1)\n\nRepeal the subsection, substitute:\n\n (1) The CEO must develop, and prepare in written form, a corporate plan, for the period specified in the plan, that:\n (a) defines the principal objectives of the CEO in performing his or her functions during that period; and\n (b) gives a broad outline of the strategies to be pursued by the CEO to achieve those objectives.\n\nNote: The heading to section 64 is altered by omitting “Commission” and substituting “CEO”.\n\n30 Subsection 64(2)\n\nOmit “Division”, substitute “Part”.\n\n31 Subsection 64(3)\n\nRepeal the subsection.\n\n32 Subsection 65(1)\n\nOmit “not less than 3 months, or such longer period as is prescribed,”.\n\n33 Section 66\n\nOmit “Commission” (wherever occurring), substitute “CEO”.\n\n34 Division 2 of Part VII\n\nRepeal the Division.\n\n35 Part VIII\n\nRepeal the Part.\n\n36 Part IX (heading)\n\nRepeal the heading, substitute:\n\n## Part 9—Miscellaneous\n\n37 Sections 90 to 92\n\nRepeal the sections, substitute:\n\n#### 90 Delegations by Minister and CEO\n\n (1) The Minister may, either generally or as otherwise provided in the instrument of delegation, by signed writing, delegate to the CEO all or any of the functions and powers of the Minister:\n (a) under this Act (other than this power of delegation or the Minister’s powers under sections 65 and 66); and\n (b) under the Export Market Development Grants Act 1997.\n (2) The CEO may, either generally or as otherwise provided in the instrument of delegation, by signed writing, delegate all or any of his or her functions and powers under this Act or the Export Market Development Grants Act 1997 (other than this power of delegation) to a member of the staff of the Commission referred to in section 60.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n#### 92 Annual reports\n\n (1) The CEO must, as soon as practicable after 30 June in each financial year, prepare and give to the Minister a report on the Commission’s operations during that financial year.\n\n> Note: Section 34C of the Acts Interpretation Act 1901 contains provisions relating to annual reports.\n\n (2) A report under subsection (1) must include the following:\n (a) information about the Commission’s operations under the Export Market Development Grants Act 1997;\n (b) particulars of all directions given by the Minister to the CEO under subsection 10(1), other than any direction that includes a statement to the effect that the direction is not to be disclosed:\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 (3) The Minister must cause a copy of each annual report to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.\n\n38 Subsection 94(1)\n\nRepeal the subsection, substitute:\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\n39 Subsection 94(4)\n\nOmit “the Commission” (first occurring), substitute “a person to whom this section applies”.\n\n40 Paragraph 94(4)(b)\n\nOmit “Commission” (wherever occurring), substitute “CEO”.\n\n41 Sections 95 and 96\n\nRepeal the sections.\n\n \n\nPart 2—Amendment contingent on the Export Market Development Grants Legislation Amendment Act 2006\n\nAustralian Trade Commission Act 1985\n\n42 Subsection 64(4)\n\nRepeal the subsection, substitute:\n\n (4) The reference in subsection (1) to the functions of the CEO under this Act does not include a reference to any functions conferred on the CEO by the Export Expansion Grants Act 1978.\n\n \n\nSchedule 2—Consequential amendment of the Export Market Development Grants Act 1997\n\nPart 1—Main amendments\n\nExport Market Development Grants Act 1997\n\n1 Reader’s guide (purpose of this Act)\n\nBefore “Austrade”, insert “the CEO of”.\n\n2 Reader’s guide (related legislation)\n\nBefore “Austrade” (wherever occurring), insert “the CEO of”.\n\n3 Reader’s guide (diagram 1)\n\nRepeal the diagram, substitute:\n\nDiagram 1—Is an amount of grant payable to you? (Overview of Act)\n\n![](image.002.png)\n\n4 Reader’s guide (diagram 3)\n\nBefore “Austrade” (wherever occurring), insert “the CEO of”.\n\n5 List of terms defined in Part 9\n\nInsert the following entry in its appropriate alphabetical position (determined on a letter‑by‑letter basis):\n\nCEO of Austrade\n\n6 Paragraph 6(1)(e)\n\nBefore “Austrade”, insert “the CEO of”.\n\n7 Paragraph 6(1)(f)\n\nOmit “Austrade”, substitute “the CEO”.\n\n8 Subsection 6(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n9 Subsection 6(2) (note)\n\nOmit “Austrade, Australian law,”, substitute “Australian law, CEO of Austrade,”.\n\n10 Paragraph 7(1)(a)\n\nOmit “in Austrade’s opinion”, substitute “in the opinion of the CEO of Austrade”.\n\n11 Paragraph 7(1)(b)\n\nOmit “in Austrade’s opinion”, substitute “in the CEO’s opinion”.\n\n12 Paragraph 7(1)(h)\n\nOmit “Austrade”, substitute “the CEO”.\n\n13 Subsection 7(1) (note)\n\nOmit “Austrade”, substitute “CEO of Austrade”.\n\n14 Subsection 7(2) (note)\n\nOmit “, Austrade”.\n\n15 Paragraph 7(4)(aa)\n\nOmit “in Austrade’s opinion”, substitute “in the opinion of the CEO of Austrade”.\n\n16 Paragraphs 7(4)(a) and (h)\n\nOmit “Austrade”, substitute “the CEO”.\n\n17 Subsection 7(4) (note)\n\nOmit “Austrade”, substitute “CEO of Austrade”.\n\n18 Subsection 20(1)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\nNote: The heading to section 20 is altered by inserting “The CEO of” before “Austrade”.\n\n19 Subsection 20(1)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n20 Subsection 20(2)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n21 Subsection 20(2)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n22 Subsection 20(3)\n\nBefore “Austrade”, insert “the CEO of”.\n\n23 Subsection 21(1)\n\nBefore “Austrade”, insert “The CEO of”.\n\n24 Subsection 21(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n25 Paragraph 21(3)(a)\n\nBefore “Austrade”, insert “the CEO of”.\n\n26 Paragraph 21(3)(b)\n\nOmit “Austrade”, substitute “the CEO”.\n\n27 Subsection 22(1)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\nNote: The heading to section 22 is altered by inserting “The CEO of” before “Austrade”.\n\n28 Subsection 22(1)\n\nOmit “Austrade” (second and third occurring), substitute “the CEO”.\n\n29 Subsection 22(2)\n\nBefore “Austrade”, insert “The CEO of”.\n\n30 Subsection 22(3)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\n31 Subsection 22(3)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n32 Subsection 25(4)\n\nBefore “Austrade”, insert “the CEO of”.\n\n33 Subsection 25(4)\n\nOmit “to it”, substitute “to him or her”.\n\n34 Paragraph 25A(1)(c)\n\nOmit “in Austrade’s opinion”, substitute “in the opinion of the CEO of Austrade”.\n\n35 Subsection 25A(1) (note 2)\n\nOmit “Austrade’s decisions”, substitute “Decisions”.\n\n36 Subsection 25A(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n37 Subsection 25A(2)\n\nOmit “to it”, substitute “to him or her”.\n\n38 Section 26\n\nBefore “Austrade”, insert “the CEO of”.\n\n39 Subsection 27(1)\n\nBefore “Austrade”, insert “the CEO of”.\n\n40 Section 30\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 30 is altered by inserting “the CEO of” before “Austrade”.\n\n41 Subsection 33(2) (table)\n\nOmit “in Austrade’s opinion” (wherever occurring), substitute “in the opinion of the CEO of Austrade”.\n\n42 Subsection 33(2) (note 2)\n\nOmit “Austrade’s decisions”, substitute “Decisions”.\n\n43 Paragraph 45(a)\n\nBefore “Austrade”, insert “the CEO of”.\n\n44 Paragraph 47(1)(a)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n45 Paragraph 47(1)(a)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n46 Subsection 52(1)\n\nOmit “in Austrade’s opinion”, substitute “in the opinion of the CEO of Austrade”.\n\n47 Subsection 52(1) (note)\n\nOmit “Austrade’s decisions”, substitute “Decisions”.\n\n48 Paragraph 57(2)(c)\n\nBefore “Austrade”, insert “the CEO of”.\n\n49 Section 59\n\nBefore “Austrade”, insert “the CEO of”.\n\n50 Subsection 61(4)\n\nBefore “Austrade”, insert “the CEO of”.\n\n51 Section 64\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 64 is altered by inserting “the CEO of” before “Austrade”.\n\n52 Subsections 69(1) and 70(1) and (2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n53 Paragraph 71(a)\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 71 is altered by inserting “the CEO of” before “Austrade”.\n\n54 Paragraph 71(b)\n\nOmit “Austrade”, substitute “the CEO”.\n\n55 Subsection 72(1)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\nNote: The heading to section 72 is altered by inserting “The CEO of” before “Austrade”.\n\n56 Subsection 72(1)\n\nOmit “Austrade” (second, third and fourth occurring), substitute “the CEO”.\n\n57 Subsection 72(1)\n\nOmit “its”, substitute “his or her”.\n\n58 Subsection 72(2)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\n59 Subsection 72(2)\n\nOmit “Austrade” (second and third occurring), substitute “the CEO”.\n\n60 Subsection 72(2A)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\n61 Subsection 72(2A)\n\nOmit “Austrade” (second, third and fourth occurring), substitute “the CEO”.\n\n62 Subsection 72(3)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n63 Subsection 72(3)\n\nOmit “Austrade” (second and third occurring), substitute “the CEO”.\n\n64 Subsection 73(1)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\nNote: The heading to section 73 is altered by inserting “the CEO of” before “Austrade”.\n\n65 Paragraphs 73(1)(b) and (c)\n\nOmit “Austrade”, substitute “the CEO”.\n\n66 Subsection 73(2)\n\nBefore “Austrade”, insert “The CEO of”.\n\n67 Subsection 74(1)\n\nBefore “Austrade”, insert “the CEO of”.\n\n68 Sections 75 and 76\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 76 is altered by inserting “The CEO of” before “Austrade”.\n\n69 Section 79\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\n70 Section 79\n\nOmit “Austrade” (second and third occurring), substitute “the CEO”.\n\n71 Subdivision 1 of Division 3 of Part 7 (heading)\n\nRepeal the heading, substitute:\n\n#### Subdivision 1—Duties of the CEO of Austrade\n\n72 Subsection 80(1)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\nNote: The heading to section 80 is altered by inserting “The CEO of” before “Austrade”.\n\n73 Paragraph 80(1)(c)\n\nOmit “Austrade”, substitute “the CEO”.\n\n74 Subsection 80(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n75 Subsection 81(1)\n\nOmit “If Austrade’s determination”, substitute “If a determination by the CEO of Austrade”.\n\n76 Subsection 81(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n77 Paragraph 81(3)(b)\n\nBefore “Austrade”, insert “the CEO of”.\n\n78 Section 82\n\nOmit “If Austrade’s determination that the”, substitute “If a determination by the CEO of Austrade that an”.\n\n79 Paragraph 82(a)\n\nOmit “Austrade”, substitute “the CEO”.\n\n80 Paragraph 83(1)(a)\n\nOmit “Austrade’s determination”, substitute “the determination by the CEO of Austrade”.\n\n81 Paragraph 83(1)(b)\n\nOmit “Austrade’s”, substitute “the CEO’s”.\n\n82 Section 87AA\n\nBefore “Austrade” (wherever occurring), insert “the CEO of”.\n\n83 Section 88\n\nBefore “Austrade” (wherever occurring), insert “the CEO of”.\n\n84 Subsections 89(1) and (2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n85 Subsection 89(5) (note)\n\nBefore “Austrade”, insert “the CEO of”.\n\n86 Subsection 91(1)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n87 Subsection 91(1)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n88 Paragraph 91(1)(a)\n\nOmit “Austrade’s”, substitute “the CEO’s”.\n\n89 Paragraph 91(1)(b)\n\nOmit “Austrade”, substitute “the CEO”.\n\n90 Subsection 91(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n91 Subsection 91(2) (note)\n\nBefore “Austrade”, insert “the CEO of”.\n\n92 Subsection 92(4)\n\nBefore “Austrade”, insert “The CEO of”.\n\n93 Subsection 97(1)\n\nBefore “Austrade”, insert “the CEO of”.\n\n94 Subsection 98(1)\n\nBefore “Austrade”, insert “the CEO of”.\n\n95 Subsection 98(2)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n96 Paragraph 98(2)(b)\n\nOmit “Austrade”, substitute “the CEO”.\n\n97 Subsection 98(4)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n98 Subsection 98(4)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n99 Section 99\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 99 is altered by omitting “Austrade’s decisions” and substituting “decisions of CEO of Austrade”.\n\n100 Subsection 100(1)\n\nBefore “Austrade”, insert “The CEO of”.\n\n101 Subsection 100(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n102 Subsection 100(3)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n103 Paragraphs 100(3)(a) and (d)\n\nOmit “Austrade”, substitute “the CEO”.\n\n104 Paragraph 101(1)(a)\n\nBefore “Austrade”, insert “the CEO of”.\n\n105 Paragraphs 101(1)(b) to (c)\n\nOmit “Austrade”, substitute “the CEO”.\n\n106 Paragraph 101(1)(c)\n\nOmit “its”, substitute “his or her”.\n\n107 Paragraph 101(1)(d)\n\nOmit “Austrade”, substitute “the CEO”.\n\n108 Subsection 101(2)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n109 Subsection 101(2)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n110 Subsection 101(2)\n\nOmit “its”, substitute “his or her”.\n\n111 Subsection 101(3)\n\nBefore “Austrade”, insert “The CEO of”.\n\n112 Subsection 101(3)\n\nOmit “its”, substitute “his or her”.\n\n113 Subsection 103(2)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n114 Subsection 103(2)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n115 Subsection 103(3)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n116 Subsection 103(3)\n\nOmit “Austrade” (second and third occurring), substitute “the Commonwealth”.\n\n117 Subsections 104(1) and (2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n118 Subsection 104(3)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n119 Subsection 104(3)\n\nOmit “Austrade” (second and third occurring), substitute “the Commonwealth”.\n\n120 Subsection 104(4)\n\nOmit “Managing Director of Austrade, or by a person acting in the office of Managing Director of Austrade”, substitute “CEO of Austrade, or by a person acting as the CEO of Austrade”.\n\n121 Paragraph 106(2)(a)\n\nBefore “Austrade”, insert “the CEO of”.\n\n122 Section 107 (definitions of approved body, approved joint venture and approved trading house)\n\nBefore “Austrade”, insert “the CEO of”.\n\n123 Section 107\n\nInsert:\n\n> CEO of Austrade means the Chief Executive Officer of Austrade referred to in section 7B of the Australian Trade Commission Act 1985.\n\n124 Section 107 (definition of payout factor)\n\nBefore “Austrade”, insert “the CEO of”.\n\n125 Sections 109 and 111\n\nBefore “Austrade”, insert “the CEO of”.\n\n \n\nPart 2—Amendments contingent on the Export Market Development Grants Legislation Amendment Act 2006\n\nDivision 1—Amendments that commence after the EMDG legislation\n\nExport Market Development Grants Act 1997\n\n126 Paragraph 24(b)\n\nBefore “Austrade”, insert “the CEO of”.\n\n127 Section 24 (note)\n\nOmit “Austrade’s decisions”, substitute “Decisions”.\n\n128 Subsection 33(2) (note 3)\n\nOmit “Austrade can make certain adjustments if it”, substitute “the CEO of Austrade can make certain adjustments if he or she”.\n\n129 Subsection 37(1) (note 2)\n\nOmit “Austrade’s decisions”, substitute “Decisions”.\n\n130 Subsection 37(1A)\n\nBefore “Austrade”, insert “the CEO of”.\n\n131 Subsection 93(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n132 Subparagraph 94(1)(b)(ii)\n\nBefore “Austrade”, insert “the CEO of”.\n\n133 Subsection 94(1) (note)\n\nOmit “Austrade’s decisions”, substitute “Decisions”.\n\n134 Subsection 94(2)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n135 Paragraph 94(2)(b)\n\nOmit “Austrade” (wherever occurring), substitute “the CEO”.\n\n136 Section 95\n\nBefore “Austrade”, insert “the CEO of”.\n\n137 Subsection 96(1)\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 96 is altered by inserting “the CEO of” before “Austrade”.\n\n138 Subsection 96(2)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n139 Paragraph 96(2)(a)\n\nOmit “Austrade is of that opinion and of Austrade’s”, substitute “the CEO is of that opinion and of the CEO’s”.\n\n140 Paragraph 96(2)(b)\n\nOmit “Austrade”, substitute “the CEO”.\n\n141 Subsection 96(3)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n142 Subsection 96(3)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n143 Paragraph 96(3)(a)\n\nOmit “it”, substitute “he or she”.\n\n144 Subsection 96(4)\n\nBefore “Austrade”, insert “the CEO of”.\n\n145 Subsection 96(4)\n\nOmit “Austrade’s”, substitute “the CEO’s”.\n\nDivision 2—Amendments that do not commence if the EMDG legislation commences first\n\nExport Market Development Grants Act 1997\n\n146 Reader’s guide (diagram 3)\n\nBefore “Austrade” (wherever occurring), insert “the CEO of”.\n\n147 Subsection 10(1) (table item 3)\n\nOmit “in Austrade’s opinion”, substitute “in the opinion of the CEO of Austrade”.\n\n148 Subsection 10(1) (note)\n\nOmit “Austrade”, substitute “CEO of Austrade”.\n\n149 Section 12\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 12 is altered by inserting “the CEO of” before “Austrade”.\n\n150 Subsection 24(3)\n\nBefore “Austrade”, insert “the CEO of”.\n\n151 Subsection 24(3)\n\nOmit “it”, substitute “him or her”.\n\n152 Subsection 24(4)\n\nBefore “Austrade”, insert “the CEO of”.\n\n153 Subsection 24(4)\n\nOmit “it”, substitute “him or her”.\n\n154 Subsection 33(2) (table item 1B)\n\nOmit “in Austrade’s opinion”, substitute “in the opinion of the CEO of Austrade”.\n\n155 Subsection 35(1)\n\nBefore “Austrade”, insert “The CEO of”.\n\n156 Subsection 35(2)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n157 Subsection 35(2)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n158 Paragraph 35(2)(a)\n\nOmit “it is of that opinion and of its”, substitute “the CEO is of that opinion and of the CEO’s”.\n\n159 Paragraph 35(2)(b)\n\nOmit “Austrade”, substitute “the CEO”.\n\n160 Subsection 35(3)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n161 Paragraph 35(3)(a)\n\nOmit “Austrade must determine the amount that it”, substitute “the CEO must determine the amount that he or she”.\n\n162 Subsection 35(4)\n\nBefore “Austrade”, insert “the CEO of”.\n\n163 Subsection 35(4)\n\nOmit “Austrade’s”, substitute “the CEO’s”.\n\n164 Section 64\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 64 is altered by inserting “the CEO of” before “Austrade”.\n\n165 Section 93\n\nBefore “Austrade”, insert “the CEO of”.\n\n166 Paragraph 94(2)(b)\n\nBefore “Austrade”, insert “the CEO of”.\n\n167 Subsection 94(3)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\n168 Paragraph 94(3)(d)\n\nOmit “Austrade” (wherever occurring), substitute “the CEO”.\n\n169 Section 95\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n170 Section 95\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n171 Section 96\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\nNote: The heading to section 96 is altered by inserting “the CEO of” before “Austrade”.\n\n172 Section 96\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n173 Paragraph 96(c)\n\nOmit “as it”, substitute “as he or she”.\n\n174 Paragraphs 101(1)(ba) and (baa)\n\nOmit “Austrade”, substitute “the CEO”.\n\n175 Paragraph 101(1)(d)\n\nOmit “Austrade”, substitute “the CEO”.\n\n176 Subsections 106A(1) and (2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n177 Subsection 106A(3)\n\nBefore “Austrade”, insert “The CEO of”.\n\n \n\nSchedule 3—Other consequential amendments\n\nCommonwealth Borrowing Levy Act 1987\n\n1 Schedule\n\nOmit “11. Australian Trade Commission”.\n\nExport Finance and Insurance Corporation Act 1991\n\n2 Subsection 3(1) (definition of appointed member)\n\nOmit “Managing Director” (second occurring), substitute “Chief Executive Officer”.\n\n3 Paragraph 34(1)(d)\n\nOmit “Managing Director”, substitute “Chief Executive Officer”.\n\n4 Subsection 34(2)\n\nOmit “Managing Director” (second occurring), substitute “Chief Executive Officer”.\n\n5 Subsections 34(5) and 38(6)\n\nOmit “Managing Director”, substitute “Chief Executive Officer”.\n\nPublic Service Act 1999\n\n6 Subsection 39(1)\n\nOmit “or a person employed under the Australian Trade Commission Act 1985”.\n\n \n\nSchedule 4—Transitional provisions\n\nPart 1—Preliminary\n\n1 Definitions\n\n(1) In this Schedule:\n\nacquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\namend includes repeal and remake.\n\nasset means:\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\nassets official, in relation to an asset other than land, means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.\n\ncommencement time means the time when this Schedule commences.\n\nfinancial liability means a liability to pay a person an amount, where the amount, or the method for working out the amount, has been determined.\n\ninstrument:\n\n (a) includes:\n (i) a contract, deed, undertaking or agreement; and\n (ii) a notice, authority, order or instruction; and\n (iii) an instrument made under an Act or regulations; and\n (iv) regulations; but\n (b) does not include an Act.\n\njust terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\nland means any legal or equitable estate or interest in real property, whether actual, contingent or prospective.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nliability means any liability, duty or obligation, whether actual, contingent or prospective.\n\nnew Commission means the Australian Trade Commission established by the new law.\n\nnew law means the Australian Trade Commission Act 1985 as in force immediately after the commencement time.\n\nold Commission means the Australian Trade Commission established by the old law.\n\nold law means the Australian Trade Commission Act 1985 as in force immediately before the commencement time.\n\n(2) Subject to subitem (1), an expression used in this Schedule that is also used in the new law has the same meaning in this Schedule as it has in the new law.\n\n \n\nPart 2—Assets, liabilities and legal proceedings\n\n2 Vesting of assets of old Commission\n\n(1) This item applies to the assets of the old Commission immediately before the commencement time.\n\n(2) At the commencement time, the assets to which this item applies cease to be assets of the old Commission and become assets of the Commonwealth without any conveyance, transfer or assignment. The Commonwealth becomes the successor in law in relation to these assets.\n\n3 Vesting of liabilities of old Commission\n\n(1) This item applies to the liabilities of the old Commission immediately before the commencement time.\n\n(2) At the commencement time, the liabilities to which this item applies cease to be liabilities of the old Commission and become liabilities of the Commonwealth without any conveyance, transfer or assignment. The Commonwealth becomes the successor in law in relation to these liabilities.\n\n4 Certificates relating to vesting of land\n\n(1) This item applies if:\n\n (a) any land vests in the Commonwealth under this Part; and\n (b) there is lodged with a land registration official a certificate that:\n (i) is signed by the Minister; and\n (ii) identifies the land, whether by reference to a map or otherwise; and\n (iii) states that the land has become vested in the Commonwealth under this Part.\n\nNote: Certificates under paragraph (1)(b) are presumed to be authentic: see item 19.\n\n(2) The land registration official may:\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n (b) deal with, and give effect to, the certificate.\n\n5 Certificates relating to vesting of assets other than land\n\n(1) This item applies if:\n\n (a) any asset other than land vests in the Commonwealth under this Part; and\n (b) there is lodged with an assets official a certificate that:\n (i) is signed by the Minister; and\n (ii) identifies the asset; and\n (iii) states that the asset has become vested in the Commonwealth under this Part.\n\nNote: Certificates under paragraph (1)(b) are presumed to be authentic: see item 19.\n\n(2) The assets official may:\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n (b) make such entries in the register as are necessary, having regard to the effect of this Schedule.\n\n6 Substitution of Commonwealth as a party to pending proceedings\n\nIf any proceedings to which the old Commission was a party were pending in any court or tribunal immediately before the commencement time, the Commonwealth is substituted for the old Commission, from the commencement time, as a party to the proceedings.\n\n7 Transfer of custody of old Commission records\n\n(1) This item applies to any records or documents that, immediately before the commencement time, were in the custody of the old Commission.\n\n(2) The records and documents are to be transferred into the custody of the CEO at or after the commencement time.\n\n8 Access by Board members to records\n\nFor the purposes of the operation of subsection 27L(4) of the Commonwealth Authorities and Companies Act 1997 in relation to the books of the old Commission, the reference in that subsection to a Commonwealth authority is to be read, after the commencement time, as a reference to the CEO.\n\n \n\nPart 3—Reference to, and things done by or in relation to, old Commission\n\n9 References in instruments\n\nReferences to old Commission taken to be references to CEO or Commonwealth\n\n(1) If:\n\n (a) an instrument is in force immediately before the commencement time; and\n (b) the instrument contains a reference to the old Commission (including a reference to the Board, the Managing Director or the Deputy Managing Director);\n\nthe instrument has effect from the commencement time as if the reference were a reference to the CEO.\n\n(2) However, if:\n\n (a) an instrument is in force immediately before the commencement time; and\n (b) the instrument relates to assets or liabilities covered by item 2 or 3; and\n (c) the instrument refers to the old Commission (including a reference to the Board, the Managing Director or the Deputy Managing Director);\n\nthe reference is to be read as a reference to the Commonwealth as necessary to give effect to item 2 or 3, as the case requires.\n\nReferences to staff of old Commission taken to be references to staff of new Commission\n\n(3) If:\n\n (a) an instrument is in force immediately before the commencement time; and\n (b) the instrument contains a reference to a member of the staff of the old Commission;\n\nthe instrument has effect from the commencement time as if the reference to the member of the staff of the old Commission were a reference to a member of the staff of the new Commission referred to in section 60 of the new law.\n\nMinister and regulations may provide otherwise\n\n(4) The Minister may, by writing, determine that subitem (1), (2) or (3):\n\n (a) does not apply in relation to a specified reference; or\n (b) applies as if:\n (i) in the case of subitem (1)—the reference in that subitem to the CEO were a reference to the Commonwealth; or\n (ii) in the case of subitem (2)—the reference in that subitem to the Commonwealth were a reference to the CEO; or\n (iii) in the case of subitem (3)—the reference in that subitem to a member of the staff of the Commission were a reference to the CEO.\n\nA determination under this subitem has effect accordingly.\n\n(5) The regulations may provide that an instrument containing a reference specified in a determination under paragraph (4)(a) has effect from the commencement time as if:\n\n (a) in the case of an instrument covered by subitem (1)—the reference were a reference to a specified person or body other than the Commonwealth or the CEO; or\n (b) in the case of an instrument covered by subitem (2)—the reference were a reference to a specified person or body other than the Commonwealth or the CEO; or\n (c) in the case of an instrument covered by subitem (3)—the reference were a reference to a specified person or body other than the CEO or a member of the staff of the Commission.\n\nDeterminations are not legislative instruments\n\n(6) A determination under subitem (4) is not a legislative instrument.\n\n10 Operation of laws\n\nThings done by old Commission taken to be done by CEO\n\n(1) If, before the commencement time, a thing was done by, or in relation to, the old Commission (including the Board, the Managing Director or the Deputy Managing Director), then, for the purposes of the operation of any law of the Commonwealth after the commencement time, the thing is taken to have been done by, or in relation to, the CEO.\n\n(2) For the purposes of subitem (1), a thing done before the commencement time under a provision that is amended by this Act has effect from that time as if it were done under that provision as amended. However, this is not taken to change the time at which the thing was actually done.\n\nMinister and regulations may provide otherwise\n\n(3) The Minister may, by writing, determine that subitem (1):\n\n (a) does not apply in relation to a specified thing done by, or in relation to, the old Commission; or\n (b) applies as if the reference in that subitem to the CEO were a reference to the Commonwealth.\n\nA determination under this subitem has effect accordingly.\n\n(4) The regulations may provide for a thing specified in a determination under paragraph (3)(a) to be taken to have been done by, or in relation to, a specified person or body other than the Commonwealth or the CEO.\n\nMeaning of doing\n\n(5) To avoid doubt, for the purposes of this item, doing a thing includes making an instrument.\n\nDeterminations are not legislative instruments\n\n(6) A determination made under subitem (3) is not a legislative instrument.\n\n11 Continued effect of certain instruments made under the old law\n\nThe amendments made to the following sections of the Australian Trade Commission Act 1985 do not affect the continuity of an instrument made under one of those sections:\n\n (a) section 10;\n (b) section 54;\n (c) section 55;\n (d) section 57;\n (e) section 64;\n (f) subsection 90(2).\n\n12 Financial statements and other reporting requirements\n\nReporting requirements\n\n(1) If:\n\n (a) immediately before the commencement time, a law required the old Commission (including the Managing Director) to provide a report (whether financial statements or otherwise) for a period; and\n (b) the period ends after the commencement time;\n\nthe CEO must provide the report, as required, for so much of the period as occurs before the commencement time.\n\n(2) If:\n\n (a) under subitem (1), the CEO is required to provide a report for a part of a period; and\n (b) the CEO is also required to provide a similar report for the remainder of the period;\n\nthe CEO may meet the requirements in a single report for the period.\n\nOutstanding reporting requirements\n\n(3) If:\n\n (a) a law required the old Commission (including the Managing Director) to provide a report (whether financial statements or otherwise) for a period that ended before the commencement time; and\n (b) the report has not been provided by the commencement time;\n\nthe CEO must provide the report as required.\n\n13 Continuation of secrecy obligations\n\nDespite the amendment of section 94 of the Australian Trade Commission Act 1985 by this Act, that section continues to apply after the commencement time, in relation to anything done by a person to whom that section applies immediately before that time, as if the amendments had not been made.\n\n \n\nPart 4—CEO and staff\n\n14 CEO\n\nThe person holding office as the Managing Director under subsection 51(1) of the old law immediately before the commencement time is taken to have been duly appointed as the CEO by the Minister under subsection 51(1) of the new law:\n\n (a) for the balance of the person’s term of appointment that remained immediately before the commencement time; and\n (b) on the same terms and conditions as applied to the person immediately before the commencement time.\n\n15 Transfer of staff\n\n(1) The regulations may prescribe other matters of a transitional nature in relation to the transfer of staff from the old Commission to the new Commission.\n\n(2) Without limiting subitem (1), regulations under that subitem may provide for:\n\n (a) some or all of the entitlements and obligations of the staff of the old Commission to be preserved; or\n (b) the old Commission’s staffing procedures to apply, or to continue to apply, in relation to:\n (i) processes begun before, but not completed by, the commencement time; or\n (ii) things done by, for or in relation to the old Commission or a staff member of the old Commission before the commencement time; or\n (c) the new Commission’s staffing procedures to apply in relation to:\n (i) processes begun before, but not completed by, the commencement time; or\n (ii) things done by, for or in relation to the old Commission or a staff member of the old Commission before the commencement time.\n\n(3) Regulations made under this item have effect despite the Public Service Act 1999.\n\n(4) In this item:\n\nstaffing procedures includes procedures and policies related to recruitment, promotion, performance management, inefficiency, misconduct, forfeiture of position, fitness for duty, loss of essential qualifications, disciplinary action, reviews of or appeals against staffing decisions, transfers, redundancy, resignations, termination of employment, grievance processes and leave.\n\n \n\nPart 5—Miscellaneous\n\n17 Exemption from stamp duty and other State or Territory taxes\n\nNo stamp duty or other tax is payable under a law of a State or Territory in respect of, or in respect of anything connected with:\n\n (a) the transfer of an asset or liability under this Schedule; or\n (b) the operation of this Schedule in any other respect.\n\n18 Constitutional safety net—acquisition of property\n\n(1) If the operation of this Schedule would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n19 Certificates taken to be authentic\n\nA document that appears to be a certificate made or issued under a particular provision of this Schedule:\n\n (a) is taken to be such a certificate; and\n (b) is taken to have been properly given;\n\nunless the contrary is established.\n\n20 Delegation by Minister\n\n(1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Schedule to the CEO.\n\n(2) In exercising or performing powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n21 Regulations\n\n(1) The Governor‑General may make regulations prescribing matters:\n\n (a) required or permitted by this Schedule to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Schedule.\n\n(2) In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.","sortOrder":10},{"sectionNumber":"Division 1","sectionType":"division","heading":"Chief Executive Officer","content":"Schedule 1—Amendment of the Australian Trade Commission Act 1985\n\nPart 1—Main amendments\n\nAustralian Trade Commission Act 1985\n\n1 Part I (heading)\n\nRepeal the heading, substitute:\n\n## Part 1—Preliminary\n\n2 Subsection 3(1)\n\nRepeal the subsection, substitute:\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 Australian Trade Commission established by section 7.\n\n> corporate plan means a plan developed by the CEO in accordance with section 64, and includes such a plan as varied in accordance with section 66.\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\n3 Subsection 3(2)\n\nRepeal the subsection, substitute:\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\n4 Subsection 3(3)\n\nRepeal the subsection.\n\n5 At the end of section 3\n\nAdd:\n\n (5) In any other Act, a reference to an employee of the Australian Trade Commission is a reference to a person engaged by the CEO under section 74 of the Public Service Act 1999.\n\n6 Part II (heading)\n\nRepeal the heading, substitute:\n\n## Part 2—Establishment and function of the Australian Trade Commission\n\n7 Subsections 7(2), (3) and (4)\n\nRepeal the subsections, substitute:\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\n8 After section 7\n\nInsert:\n\n## Part 3—Establishment and functions of the CEO\n\n#### 7A Function of the Australian Trade 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\n9 Before section 8\n\nInsert:\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\n10 Section 8\n\nOmit “Commission” (wherever occurring), substitute “CEO”.\n\nNote: The heading to section 8 is altered by omitting “Commission” and substituting “the CEO”.\n\n11 Subsection 9(1)\n\nOmit “Commission shall perform its”, substitute “CEO must perform his or her”.\n\n12 Subsection 9(2)\n\nOmit “its functions, the Commission shall”, substitute “his or her functions, the CEO must”.\n\n13 Paragraph 9(2)(a)\n\nOmit “it”, substitute “the CEO”.\n\n14 Subparagraph 9(2)(b)(i)\n\nAfter “Commission”, insert “and the CEO”.\n\n15 Subparagraph 9(2)(b)(ii)\n\nOmit “its”.\n\n16 After section 9\n\nInsert:\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\n17 Subsection 10(1)\n\nOmit “Commission”, substitute “CEO”.\n\n18 Subsection 10(1)\n\nOmit “its” (wherever occurring), substitute “his or her”.\n\n19 At the end of subsection 10(1)\n\nAdd:\n\n> Note: A direction under this section is included in the annual report: see section 92.\n\n20 Subsection 10(2)\n\nRepeal the subsection.\n\n21 Subsection 10(3)\n\nOmit “Commission”, substitute “CEO”.\n\n22 Subsection 10(3)\n\nOmit “or under a scheme approved by the Minister under section 30 of this Act”.\n\n23 Subsection 10(5)\n\nOmit “Commission”, substitute “CEO”.\n\n24 At the end of section 10\n\nAdd:\n\n (6) A direction under this section is not a legislative instrument.\n\n25 Parts III and IV\n\nRepeal the Parts.\n\n26 Part VI\n\nRepeal the Part, substitute:\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 (1) 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: Section 33A of the Acts Interpretation Act 1901 contains provisions relating to acting appointments.\n\n (2) Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:\n (a) the occasion for the appointment had not arisen; or\n (b) there was a defect or irregularity in connection with the appointment; or\n (c) the appointment had ceased to have effect; or\n (d) the occasion to act had not arisen or had ceased.\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\n27 Part VII (heading)\n\nRepeal the heading, substitute:\n\n## Part 7—Corporate plans\n\n28 Division 1 of Part VII (heading)\n\nRepeal the heading.\n\n29 Subsection 64(1)\n\nRepeal the subsection, substitute:\n\n (1) The CEO must develop, and prepare in written form, a corporate plan, for the period specified in the plan, that:\n (a) defines the principal objectives of the CEO in performing his or her functions during that period; and\n (b) gives a broad outline of the strategies to be pursued by the CEO to achieve those objectives.\n\nNote: The heading to section 64 is altered by omitting “Commission” and substituting “CEO”.\n\n30 Subsection 64(2)\n\nOmit “Division”, substitute “Part”.\n\n31 Subsection 64(3)\n\nRepeal the subsection.\n\n32 Subsection 65(1)\n\nOmit “not less than 3 months, or such longer period as is prescribed,”.\n\n33 Section 66\n\nOmit “Commission” (wherever occurring), substitute “CEO”.\n\n34 Division 2 of Part VII\n\nRepeal the Division.\n\n35 Part VIII\n\nRepeal the Part.\n\n36 Part IX (heading)\n\nRepeal the heading, substitute:\n\n## Part 9—Miscellaneous\n\n37 Sections 90 to 92\n\nRepeal the sections, substitute:\n\n#### 90 Delegations by Minister and CEO\n\n (1) The Minister may, either generally or as otherwise provided in the instrument of delegation, by signed writing, delegate to the CEO all or any of the functions and powers of the Minister:\n (a) under this Act (other than this power of delegation or the Minister’s powers under sections 65 and 66); and\n (b) under the Export Market Development Grants Act 1997.\n (2) The CEO may, either generally or as otherwise provided in the instrument of delegation, by signed writing, delegate all or any of his or her functions and powers under this Act or the Export Market Development Grants Act 1997 (other than this power of delegation) to a member of the staff of the Commission referred to in section 60.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n#### 92 Annual reports\n\n (1) The CEO must, as soon as practicable after 30 June in each financial year, prepare and give to the Minister a report on the Commission’s operations during that financial year.\n\n> Note: Section 34C of the Acts Interpretation Act 1901 contains provisions relating to annual reports.\n\n (2) A report under subsection (1) must include the following:\n (a) information about the Commission’s operations under the Export Market Development Grants Act 1997;\n (b) particulars of all directions given by the Minister to the CEO under subsection 10(1), other than any direction that includes a statement to the effect that the direction is not to be disclosed:\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 (3) The Minister must cause a copy of each annual report to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.\n\n38 Subsection 94(1)\n\nRepeal the subsection, substitute:\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\n39 Subsection 94(4)\n\nOmit “the Commission” (first occurring), substitute “a person to whom this section applies”.\n\n40 Paragraph 94(4)(b)\n\nOmit “Commission” (wherever occurring), substitute “CEO”.\n\n41 Sections 95 and 96\n\nRepeal the sections.\n\n \n\nPart 2—Amendment contingent on the Export Market Development Grants Legislation Amendment Act 2006\n\nAustralian Trade Commission Act 1985\n\n42 Subsection 64(4)\n\nRepeal the subsection, substitute:\n\n (4) The reference in subsection (1) to the functions of the CEO under this Act does not include a reference to any functions conferred on the CEO by the Export Expansion Grants Act 1978.\n\n \n\nSchedule 2—Consequential amendment of the Export Market Development Grants Act 1997\n\nPart 1—Main amendments\n\nExport Market Development Grants Act 1997\n\n1 Reader’s guide (purpose of this Act)\n\nBefore “Austrade”, insert “the CEO of”.\n\n2 Reader’s guide (related legislation)\n\nBefore “Austrade” (wherever occurring), insert “the CEO of”.\n\n3 Reader’s guide (diagram 1)\n\nRepeal the diagram, substitute:\n\nDiagram 1—Is an amount of grant payable to you? (Overview of Act)\n\n![](image.002.png)\n\n4 Reader’s guide (diagram 3)\n\nBefore “Austrade” (wherever occurring), insert “the CEO of”.\n\n5 List of terms defined in Part 9\n\nInsert the following entry in its appropriate alphabetical position (determined on a letter‑by‑letter basis):\n\nCEO of Austrade\n\n6 Paragraph 6(1)(e)\n\nBefore “Austrade”, insert “the CEO of”.\n\n7 Paragraph 6(1)(f)\n\nOmit “Austrade”, substitute “the CEO”.\n\n8 Subsection 6(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n9 Subsection 6(2) (note)\n\nOmit “Austrade, Australian law,”, substitute “Australian law, CEO of Austrade,”.\n\n10 Paragraph 7(1)(a)\n\nOmit “in Austrade’s opinion”, substitute “in the opinion of the CEO of Austrade”.\n\n11 Paragraph 7(1)(b)\n\nOmit “in Austrade’s opinion”, substitute “in the CEO’s opinion”.\n\n12 Paragraph 7(1)(h)\n\nOmit “Austrade”, substitute “the CEO”.\n\n13 Subsection 7(1) (note)\n\nOmit “Austrade”, substitute “CEO of Austrade”.\n\n14 Subsection 7(2) (note)\n\nOmit “, Austrade”.\n\n15 Paragraph 7(4)(aa)\n\nOmit “in Austrade’s opinion”, substitute “in the opinion of the CEO of Austrade”.\n\n16 Paragraphs 7(4)(a) and (h)\n\nOmit “Austrade”, substitute “the CEO”.\n\n17 Subsection 7(4) (note)\n\nOmit “Austrade”, substitute “CEO of Austrade”.\n\n18 Subsection 20(1)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\nNote: The heading to section 20 is altered by inserting “The CEO of” before “Austrade”.\n\n19 Subsection 20(1)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n20 Subsection 20(2)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n21 Subsection 20(2)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n22 Subsection 20(3)\n\nBefore “Austrade”, insert “the CEO of”.\n\n23 Subsection 21(1)\n\nBefore “Austrade”, insert “The CEO of”.\n\n24 Subsection 21(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n25 Paragraph 21(3)(a)\n\nBefore “Austrade”, insert “the CEO of”.\n\n26 Paragraph 21(3)(b)\n\nOmit “Austrade”, substitute “the CEO”.\n\n27 Subsection 22(1)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\nNote: The heading to section 22 is altered by inserting “The CEO of” before “Austrade”.\n\n28 Subsection 22(1)\n\nOmit “Austrade” (second and third occurring), substitute “the CEO”.\n\n29 Subsection 22(2)\n\nBefore “Austrade”, insert “The CEO of”.\n\n30 Subsection 22(3)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\n31 Subsection 22(3)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n32 Subsection 25(4)\n\nBefore “Austrade”, insert “the CEO of”.\n\n33 Subsection 25(4)\n\nOmit “to it”, substitute “to him or her”.\n\n34 Paragraph 25A(1)(c)\n\nOmit “in Austrade’s opinion”, substitute “in the opinion of the CEO of Austrade”.\n\n35 Subsection 25A(1) (note 2)\n\nOmit “Austrade’s decisions”, substitute “Decisions”.\n\n36 Subsection 25A(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n37 Subsection 25A(2)\n\nOmit “to it”, substitute “to him or her”.\n\n38 Section 26\n\nBefore “Austrade”, insert “the CEO of”.\n\n39 Subsection 27(1)\n\nBefore “Austrade”, insert “the CEO of”.\n\n40 Section 30\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 30 is altered by inserting “the CEO of” before “Austrade”.\n\n41 Subsection 33(2) (table)\n\nOmit “in Austrade’s opinion” (wherever occurring), substitute “in the opinion of the CEO of Austrade”.\n\n42 Subsection 33(2) (note 2)\n\nOmit “Austrade’s decisions”, substitute “Decisions”.\n\n43 Paragraph 45(a)\n\nBefore “Austrade”, insert “the CEO of”.\n\n44 Paragraph 47(1)(a)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n45 Paragraph 47(1)(a)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n46 Subsection 52(1)\n\nOmit “in Austrade’s opinion”, substitute “in the opinion of the CEO of Austrade”.\n\n47 Subsection 52(1) (note)\n\nOmit “Austrade’s decisions”, substitute “Decisions”.\n\n48 Paragraph 57(2)(c)\n\nBefore “Austrade”, insert “the CEO of”.\n\n49 Section 59\n\nBefore “Austrade”, insert “the CEO of”.\n\n50 Subsection 61(4)\n\nBefore “Austrade”, insert “the CEO of”.\n\n51 Section 64\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 64 is altered by inserting “the CEO of” before “Austrade”.\n\n52 Subsections 69(1) and 70(1) and (2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n53 Paragraph 71(a)\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 71 is altered by inserting “the CEO of” before “Austrade”.\n\n54 Paragraph 71(b)\n\nOmit “Austrade”, substitute “the CEO”.\n\n55 Subsection 72(1)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\nNote: The heading to section 72 is altered by inserting “The CEO of” before “Austrade”.\n\n56 Subsection 72(1)\n\nOmit “Austrade” (second, third and fourth occurring), substitute “the CEO”.\n\n57 Subsection 72(1)\n\nOmit “its”, substitute “his or her”.\n\n58 Subsection 72(2)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\n59 Subsection 72(2)\n\nOmit “Austrade” (second and third occurring), substitute “the CEO”.\n\n60 Subsection 72(2A)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\n61 Subsection 72(2A)\n\nOmit “Austrade” (second, third and fourth occurring), substitute “the CEO”.\n\n62 Subsection 72(3)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n63 Subsection 72(3)\n\nOmit “Austrade” (second and third occurring), substitute “the CEO”.\n\n64 Subsection 73(1)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\nNote: The heading to section 73 is altered by inserting “the CEO of” before “Austrade”.\n\n65 Paragraphs 73(1)(b) and (c)\n\nOmit “Austrade”, substitute “the CEO”.\n\n66 Subsection 73(2)\n\nBefore “Austrade”, insert “The CEO of”.\n\n67 Subsection 74(1)\n\nBefore “Austrade”, insert “the CEO of”.\n\n68 Sections 75 and 76\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 76 is altered by inserting “The CEO of” before “Austrade”.\n\n69 Section 79\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\n70 Section 79\n\nOmit “Austrade” (second and third occurring), substitute “the CEO”.\n\n71 Subdivision 1 of Division 3 of Part 7 (heading)\n\nRepeal the heading, substitute:\n\n#### Subdivision 1—Duties of the CEO of Austrade\n\n72 Subsection 80(1)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\nNote: The heading to section 80 is altered by inserting “The CEO of” before “Austrade”.\n\n73 Paragraph 80(1)(c)\n\nOmit “Austrade”, substitute “the CEO”.\n\n74 Subsection 80(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n75 Subsection 81(1)\n\nOmit “If Austrade’s determination”, substitute “If a determination by the CEO of Austrade”.\n\n76 Subsection 81(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n77 Paragraph 81(3)(b)\n\nBefore “Austrade”, insert “the CEO of”.\n\n78 Section 82\n\nOmit “If Austrade’s determination that the”, substitute “If a determination by the CEO of Austrade that an”.\n\n79 Paragraph 82(a)\n\nOmit “Austrade”, substitute “the CEO”.\n\n80 Paragraph 83(1)(a)\n\nOmit “Austrade’s determination”, substitute “the determination by the CEO of Austrade”.\n\n81 Paragraph 83(1)(b)\n\nOmit “Austrade’s”, substitute “the CEO’s”.\n\n82 Section 87AA\n\nBefore “Austrade” (wherever occurring), insert “the CEO of”.\n\n83 Section 88\n\nBefore “Austrade” (wherever occurring), insert “the CEO of”.\n\n84 Subsections 89(1) and (2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n85 Subsection 89(5) (note)\n\nBefore “Austrade”, insert “the CEO of”.\n\n86 Subsection 91(1)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n87 Subsection 91(1)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n88 Paragraph 91(1)(a)\n\nOmit “Austrade’s”, substitute “the CEO’s”.\n\n89 Paragraph 91(1)(b)\n\nOmit “Austrade”, substitute “the CEO”.\n\n90 Subsection 91(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n91 Subsection 91(2) (note)\n\nBefore “Austrade”, insert “the CEO of”.\n\n92 Subsection 92(4)\n\nBefore “Austrade”, insert “The CEO of”.\n\n93 Subsection 97(1)\n\nBefore “Austrade”, insert “the CEO of”.\n\n94 Subsection 98(1)\n\nBefore “Austrade”, insert “the CEO of”.\n\n95 Subsection 98(2)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n96 Paragraph 98(2)(b)\n\nOmit “Austrade”, substitute “the CEO”.\n\n97 Subsection 98(4)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n98 Subsection 98(4)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n99 Section 99\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 99 is altered by omitting “Austrade’s decisions” and substituting “decisions of CEO of Austrade”.\n\n100 Subsection 100(1)\n\nBefore “Austrade”, insert “The CEO of”.\n\n101 Subsection 100(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n102 Subsection 100(3)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n103 Paragraphs 100(3)(a) and (d)\n\nOmit “Austrade”, substitute “the CEO”.\n\n104 Paragraph 101(1)(a)\n\nBefore “Austrade”, insert “the CEO of”.\n\n105 Paragraphs 101(1)(b) to (c)\n\nOmit “Austrade”, substitute “the CEO”.\n\n106 Paragraph 101(1)(c)\n\nOmit “its”, substitute “his or her”.\n\n107 Paragraph 101(1)(d)\n\nOmit “Austrade”, substitute “the CEO”.\n\n108 Subsection 101(2)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n109 Subsection 101(2)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n110 Subsection 101(2)\n\nOmit “its”, substitute “his or her”.\n\n111 Subsection 101(3)\n\nBefore “Austrade”, insert “The CEO of”.\n\n112 Subsection 101(3)\n\nOmit “its”, substitute “his or her”.\n\n113 Subsection 103(2)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n114 Subsection 103(2)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n115 Subsection 103(3)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n116 Subsection 103(3)\n\nOmit “Austrade” (second and third occurring), substitute “the Commonwealth”.\n\n117 Subsections 104(1) and (2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n118 Subsection 104(3)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n119 Subsection 104(3)\n\nOmit “Austrade” (second and third occurring), substitute “the Commonwealth”.\n\n120 Subsection 104(4)\n\nOmit “Managing Director of Austrade, or by a person acting in the office of Managing Director of Austrade”, substitute “CEO of Austrade, or by a person acting as the CEO of Austrade”.\n\n121 Paragraph 106(2)(a)\n\nBefore “Austrade”, insert “the CEO of”.\n\n122 Section 107 (definitions of approved body, approved joint venture and approved trading house)\n\nBefore “Austrade”, insert “the CEO of”.\n\n123 Section 107\n\nInsert:\n\n> CEO of Austrade means the Chief Executive Officer of Austrade referred to in section 7B of the Australian Trade Commission Act 1985.\n\n124 Section 107 (definition of payout factor)\n\nBefore “Austrade”, insert “the CEO of”.\n\n125 Sections 109 and 111\n\nBefore “Austrade”, insert “the CEO of”.\n\n \n\nPart 2—Amendments contingent on the Export Market Development Grants Legislation Amendment Act 2006\n\nDivision 1—Amendments that commence after the EMDG legislation\n\nExport Market Development Grants Act 1997\n\n126 Paragraph 24(b)\n\nBefore “Austrade”, insert “the CEO of”.\n\n127 Section 24 (note)\n\nOmit “Austrade’s decisions”, substitute “Decisions”.\n\n128 Subsection 33(2) (note 3)\n\nOmit “Austrade can make certain adjustments if it”, substitute “the CEO of Austrade can make certain adjustments if he or she”.\n\n129 Subsection 37(1) (note 2)\n\nOmit “Austrade’s decisions”, substitute “Decisions”.\n\n130 Subsection 37(1A)\n\nBefore “Austrade”, insert “the CEO of”.\n\n131 Subsection 93(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n132 Subparagraph 94(1)(b)(ii)\n\nBefore “Austrade”, insert “the CEO of”.\n\n133 Subsection 94(1) (note)\n\nOmit “Austrade’s decisions”, substitute “Decisions”.\n\n134 Subsection 94(2)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n135 Paragraph 94(2)(b)\n\nOmit “Austrade” (wherever occurring), substitute “the CEO”.\n\n136 Section 95\n\nBefore “Austrade”, insert “the CEO of”.\n\n137 Subsection 96(1)\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 96 is altered by inserting “the CEO of” before “Austrade”.\n\n138 Subsection 96(2)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n139 Paragraph 96(2)(a)\n\nOmit “Austrade is of that opinion and of Austrade’s”, substitute “the CEO is of that opinion and of the CEO’s”.\n\n140 Paragraph 96(2)(b)\n\nOmit “Austrade”, substitute “the CEO”.\n\n141 Subsection 96(3)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n142 Subsection 96(3)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n143 Paragraph 96(3)(a)\n\nOmit “it”, substitute “he or she”.\n\n144 Subsection 96(4)\n\nBefore “Austrade”, insert “the CEO of”.\n\n145 Subsection 96(4)\n\nOmit “Austrade’s”, substitute “the CEO’s”.\n\nDivision 2—Amendments that do not commence if the EMDG legislation commences first\n\nExport Market Development Grants Act 1997\n\n146 Reader’s guide (diagram 3)\n\nBefore “Austrade” (wherever occurring), insert “the CEO of”.\n\n147 Subsection 10(1) (table item 3)\n\nOmit “in Austrade’s opinion”, substitute “in the opinion of the CEO of Austrade”.\n\n148 Subsection 10(1) (note)\n\nOmit “Austrade”, substitute “CEO of Austrade”.\n\n149 Section 12\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 12 is altered by inserting “the CEO of” before “Austrade”.\n\n150 Subsection 24(3)\n\nBefore “Austrade”, insert “the CEO of”.\n\n151 Subsection 24(3)\n\nOmit “it”, substitute “him or her”.\n\n152 Subsection 24(4)\n\nBefore “Austrade”, insert “the CEO of”.\n\n153 Subsection 24(4)\n\nOmit “it”, substitute “him or her”.\n\n154 Subsection 33(2) (table item 1B)\n\nOmit “in Austrade’s opinion”, substitute “in the opinion of the CEO of Austrade”.\n\n155 Subsection 35(1)\n\nBefore “Austrade”, insert “The CEO of”.\n\n156 Subsection 35(2)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n157 Subsection 35(2)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n158 Paragraph 35(2)(a)\n\nOmit “it is of that opinion and of its”, substitute “the CEO is of that opinion and of the CEO’s”.\n\n159 Paragraph 35(2)(b)\n\nOmit “Austrade”, substitute “the CEO”.\n\n160 Subsection 35(3)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n161 Paragraph 35(3)(a)\n\nOmit “Austrade must determine the amount that it”, substitute “the CEO must determine the amount that he or she”.\n\n162 Subsection 35(4)\n\nBefore “Austrade”, insert “the CEO of”.\n\n163 Subsection 35(4)\n\nOmit “Austrade’s”, substitute “the CEO’s”.\n\n164 Section 64\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 64 is altered by inserting “the CEO of” before “Austrade”.\n\n165 Section 93\n\nBefore “Austrade”, insert “the CEO of”.\n\n166 Paragraph 94(2)(b)\n\nBefore “Austrade”, insert “the CEO of”.\n\n167 Subsection 94(3)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\n168 Paragraph 94(3)(d)\n\nOmit “Austrade” (wherever occurring), substitute “the CEO”.\n\n169 Section 95\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n170 Section 95\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n171 Section 96\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\nNote: The heading to section 96 is altered by inserting “the CEO of” before “Austrade”.\n\n172 Section 96\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n173 Paragraph 96(c)\n\nOmit “as it”, substitute “as he or she”.\n\n174 Paragraphs 101(1)(ba) and (baa)\n\nOmit “Austrade”, substitute “the CEO”.\n\n175 Paragraph 101(1)(d)\n\nOmit “Austrade”, substitute “the CEO”.\n\n176 Subsections 106A(1) and (2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n177 Subsection 106A(3)\n\nBefore “Austrade”, insert “The CEO of”.\n\n \n\nSchedule 3—Other consequential amendments\n\nCommonwealth Borrowing Levy Act 1987\n\n1 Schedule\n\nOmit “11. Australian Trade Commission”.\n\nExport Finance and Insurance Corporation Act 1991\n\n2 Subsection 3(1) (definition of appointed member)\n\nOmit “Managing Director” (second occurring), substitute “Chief Executive Officer”.\n\n3 Paragraph 34(1)(d)\n\nOmit “Managing Director”, substitute “Chief Executive Officer”.\n\n4 Subsection 34(2)\n\nOmit “Managing Director” (second occurring), substitute “Chief Executive Officer”.\n\n5 Subsections 34(5) and 38(6)\n\nOmit “Managing Director”, substitute “Chief Executive Officer”.\n\nPublic Service Act 1999\n\n6 Subsection 39(1)\n\nOmit “or a person employed under the Australian Trade Commission Act 1985”.\n\n \n\nSchedule 4—Transitional provisions\n\nPart 1—Preliminary\n\n1 Definitions\n\n(1) In this Schedule:\n\nacquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\namend includes repeal and remake.\n\nasset means:\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\nassets official, in relation to an asset other than land, means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.\n\ncommencement time means the time when this Schedule commences.\n\nfinancial liability means a liability to pay a person an amount, where the amount, or the method for working out the amount, has been determined.\n\ninstrument:\n\n (a) includes:\n (i) a contract, deed, undertaking or agreement; and\n (ii) a notice, authority, order or instruction; and\n (iii) an instrument made under an Act or regulations; and\n (iv) regulations; but\n (b) does not include an Act.\n\njust terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\nland means any legal or equitable estate or interest in real property, whether actual, contingent or prospective.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nliability means any liability, duty or obligation, whether actual, contingent or prospective.\n\nnew Commission means the Australian Trade Commission established by the new law.\n\nnew law means the Australian Trade Commission Act 1985 as in force immediately after the commencement time.\n\nold Commission means the Australian Trade Commission established by the old law.\n\nold law means the Australian Trade Commission Act 1985 as in force immediately before the commencement time.\n\n(2) Subject to subitem (1), an expression used in this Schedule that is also used in the new law has the same meaning in this Schedule as it has in the new law.\n\n \n\nPart 2—Assets, liabilities and legal proceedings\n\n2 Vesting of assets of old Commission\n\n(1) This item applies to the assets of the old Commission immediately before the commencement time.\n\n(2) At the commencement time, the assets to which this item applies cease to be assets of the old Commission and become assets of the Commonwealth without any conveyance, transfer or assignment. The Commonwealth becomes the successor in law in relation to these assets.\n\n3 Vesting of liabilities of old Commission\n\n(1) This item applies to the liabilities of the old Commission immediately before the commencement time.\n\n(2) At the commencement time, the liabilities to which this item applies cease to be liabilities of the old Commission and become liabilities of the Commonwealth without any conveyance, transfer or assignment. The Commonwealth becomes the successor in law in relation to these liabilities.\n\n4 Certificates relating to vesting of land\n\n(1) This item applies if:\n\n (a) any land vests in the Commonwealth under this Part; and\n (b) there is lodged with a land registration official a certificate that:\n (i) is signed by the Minister; and\n (ii) identifies the land, whether by reference to a map or otherwise; and\n (iii) states that the land has become vested in the Commonwealth under this Part.\n\nNote: Certificates under paragraph (1)(b) are presumed to be authentic: see item 19.\n\n(2) The land registration official may:\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n (b) deal with, and give effect to, the certificate.\n\n5 Certificates relating to vesting of assets other than land\n\n(1) This item applies if:\n\n (a) any asset other than land vests in the Commonwealth under this Part; and\n (b) there is lodged with an assets official a certificate that:\n (i) is signed by the Minister; and\n (ii) identifies the asset; and\n (iii) states that the asset has become vested in the Commonwealth under this Part.\n\nNote: Certificates under paragraph (1)(b) are presumed to be authentic: see item 19.\n\n(2) The assets official may:\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n (b) make such entries in the register as are necessary, having regard to the effect of this Schedule.\n\n6 Substitution of Commonwealth as a party to pending proceedings\n\nIf any proceedings to which the old Commission was a party were pending in any court or tribunal immediately before the commencement time, the Commonwealth is substituted for the old Commission, from the commencement time, as a party to the proceedings.\n\n7 Transfer of custody of old Commission records\n\n(1) This item applies to any records or documents that, immediately before the commencement time, were in the custody of the old Commission.\n\n(2) The records and documents are to be transferred into the custody of the CEO at or after the commencement time.\n\n8 Access by Board members to records\n\nFor the purposes of the operation of subsection 27L(4) of the Commonwealth Authorities and Companies Act 1997 in relation to the books of the old Commission, the reference in that subsection to a Commonwealth authority is to be read, after the commencement time, as a reference to the CEO.\n\n \n\nPart 3—Reference to, and things done by or in relation to, old Commission\n\n9 References in instruments\n\nReferences to old Commission taken to be references to CEO or Commonwealth\n\n(1) If:\n\n (a) an instrument is in force immediately before the commencement time; and\n (b) the instrument contains a reference to the old Commission (including a reference to the Board, the Managing Director or the Deputy Managing Director);\n\nthe instrument has effect from the commencement time as if the reference were a reference to the CEO.\n\n(2) However, if:\n\n (a) an instrument is in force immediately before the commencement time; and\n (b) the instrument relates to assets or liabilities covered by item 2 or 3; and\n (c) the instrument refers to the old Commission (including a reference to the Board, the Managing Director or the Deputy Managing Director);\n\nthe reference is to be read as a reference to the Commonwealth as necessary to give effect to item 2 or 3, as the case requires.\n\nReferences to staff of old Commission taken to be references to staff of new Commission\n\n(3) If:\n\n (a) an instrument is in force immediately before the commencement time; and\n (b) the instrument contains a reference to a member of the staff of the old Commission;\n\nthe instrument has effect from the commencement time as if the reference to the member of the staff of the old Commission were a reference to a member of the staff of the new Commission referred to in section 60 of the new law.\n\nMinister and regulations may provide otherwise\n\n(4) The Minister may, by writing, determine that subitem (1), (2) or (3):\n\n (a) does not apply in relation to a specified reference; or\n (b) applies as if:\n (i) in the case of subitem (1)—the reference in that subitem to the CEO were a reference to the Commonwealth; or\n (ii) in the case of subitem (2)—the reference in that subitem to the Commonwealth were a reference to the CEO; or\n (iii) in the case of subitem (3)—the reference in that subitem to a member of the staff of the Commission were a reference to the CEO.\n\nA determination under this subitem has effect accordingly.\n\n(5) The regulations may provide that an instrument containing a reference specified in a determination under paragraph (4)(a) has effect from the commencement time as if:\n\n (a) in the case of an instrument covered by subitem (1)—the reference were a reference to a specified person or body other than the Commonwealth or the CEO; or\n (b) in the case of an instrument covered by subitem (2)—the reference were a reference to a specified person or body other than the Commonwealth or the CEO; or\n (c) in the case of an instrument covered by subitem (3)—the reference were a reference to a specified person or body other than the CEO or a member of the staff of the Commission.\n\nDeterminations are not legislative instruments\n\n(6) A determination under subitem (4) is not a legislative instrument.\n\n10 Operation of laws\n\nThings done by old Commission taken to be done by CEO\n\n(1) If, before the commencement time, a thing was done by, or in relation to, the old Commission (including the Board, the Managing Director or the Deputy Managing Director), then, for the purposes of the operation of any law of the Commonwealth after the commencement time, the thing is taken to have been done by, or in relation to, the CEO.\n\n(2) For the purposes of subitem (1), a thing done before the commencement time under a provision that is amended by this Act has effect from that time as if it were done under that provision as amended. However, this is not taken to change the time at which the thing was actually done.\n\nMinister and regulations may provide otherwise\n\n(3) The Minister may, by writing, determine that subitem (1):\n\n (a) does not apply in relation to a specified thing done by, or in relation to, the old Commission; or\n (b) applies as if the reference in that subitem to the CEO were a reference to the Commonwealth.\n\nA determination under this subitem has effect accordingly.\n\n(4) The regulations may provide for a thing specified in a determination under paragraph (3)(a) to be taken to have been done by, or in relation to, a specified person or body other than the Commonwealth or the CEO.\n\nMeaning of doing\n\n(5) To avoid doubt, for the purposes of this item, doing a thing includes making an instrument.\n\nDeterminations are not legislative instruments\n\n(6) A determination made under subitem (3) is not a legislative instrument.\n\n11 Continued effect of certain instruments made under the old law\n\nThe amendments made to the following sections of the Australian Trade Commission Act 1985 do not affect the continuity of an instrument made under one of those sections:\n\n (a) section 10;\n (b) section 54;\n (c) section 55;\n (d) section 57;\n (e) section 64;\n (f) subsection 90(2).\n\n12 Financial statements and other reporting requirements\n\nReporting requirements\n\n(1) If:\n\n (a) immediately before the commencement time, a law required the old Commission (including the Managing Director) to provide a report (whether financial statements or otherwise) for a period; and\n (b) the period ends after the commencement time;\n\nthe CEO must provide the report, as required, for so much of the period as occurs before the commencement time.\n\n(2) If:\n\n (a) under subitem (1), the CEO is required to provide a report for a part of a period; and\n (b) the CEO is also required to provide a similar report for the remainder of the period;\n\nthe CEO may meet the requirements in a single report for the period.\n\nOutstanding reporting requirements\n\n(3) If:\n\n (a) a law required the old Commission (including the Managing Director) to provide a report (whether financial statements or otherwise) for a period that ended before the commencement time; and\n (b) the report has not been provided by the commencement time;\n\nthe CEO must provide the report as required.\n\n13 Continuation of secrecy obligations\n\nDespite the amendment of section 94 of the Australian Trade Commission Act 1985 by this Act, that section continues to apply after the commencement time, in relation to anything done by a person to whom that section applies immediately before that time, as if the amendments had not been made.\n\n \n\nPart 4—CEO and staff\n\n14 CEO\n\nThe person holding office as the Managing Director under subsection 51(1) of the old law immediately before the commencement time is taken to have been duly appointed as the CEO by the Minister under subsection 51(1) of the new law:\n\n (a) for the balance of the person’s term of appointment that remained immediately before the commencement time; and\n (b) on the same terms and conditions as applied to the person immediately before the commencement time.\n\n15 Transfer of staff\n\n(1) The regulations may prescribe other matters of a transitional nature in relation to the transfer of staff from the old Commission to the new Commission.\n\n(2) Without limiting subitem (1), regulations under that subitem may provide for:\n\n (a) some or all of the entitlements and obligations of the staff of the old Commission to be preserved; or\n (b) the old Commission’s staffing procedures to apply, or to continue to apply, in relation to:\n (i) processes begun before, but not completed by, the commencement time; or\n (ii) things done by, for or in relation to the old Commission or a staff member of the old Commission before the commencement time; or\n (c) the new Commission’s staffing procedures to apply in relation to:\n (i) processes begun before, but not completed by, the commencement time; or\n (ii) things done by, for or in relation to the old Commission or a staff member of the old Commission before the commencement time.\n\n(3) Regulations made under this item have effect despite the Public Service Act 1999.\n\n(4) In this item:\n\nstaffing procedures includes procedures and policies related to recruitment, promotion, performance management, inefficiency, misconduct, forfeiture of position, fitness for duty, loss of essential qualifications, disciplinary action, reviews of or appeals against staffing decisions, transfers, redundancy, resignations, termination of employment, grievance processes and leave.\n\n \n\nPart 5—Miscellaneous\n\n17 Exemption from stamp duty and other State or Territory taxes\n\nNo stamp duty or other tax is payable under a law of a State or Territory in respect of, or in respect of anything connected with:\n\n (a) the transfer of an asset or liability under this Schedule; or\n (b) the operation of this Schedule in any other respect.\n\n18 Constitutional safety net—acquisition of property\n\n(1) If the operation of this Schedule would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n19 Certificates taken to be authentic\n\nA document that appears to be a certificate made or issued under a particular provision of this Schedule:\n\n (a) is taken to be such a certificate; and\n (b) is taken to have been properly given;\n\nunless the contrary is established.\n\n20 Delegation by Minister\n\n(1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Schedule to the CEO.\n\n(2) In exercising or performing powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n21 Regulations\n\n(1) The Governor‑General may make regulations prescribing matters:\n\n (a) required or permitted by this Schedule to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Schedule.\n\n(2) In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.","sortOrder":11},{"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":12},{"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":13},{"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":14},{"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":15},{"sectionNumber":"56","sectionType":"section","heading":"Acting CEO","content":"#### 56 Acting CEO\n\n (1) 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: Section 33A of the Acts Interpretation Act 1901 contains provisions relating to acting appointments.\n\n (2) Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:\n (a) the occasion for the appointment had not arisen; or\n (b) there was a defect or irregularity in connection with the appointment; or\n (c) the appointment had ceased to have effect; or\n (d) the occasion to act had not arisen or had ceased.","sortOrder":16},{"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":17},{"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":18},{"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":19},{"sectionNumber":"Division 2","sectionType":"division","heading":"Staff of the Commission","content":"Schedule 1—Amendment of the Australian Trade Commission Act 1985\n\nPart 1—Main amendments\n\nAustralian Trade Commission Act 1985\n\n1 Part I (heading)\n\nRepeal the heading, substitute:\n\n## Part 1—Preliminary\n\n2 Subsection 3(1)\n\nRepeal the subsection, substitute:\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 Australian Trade Commission established by section 7.\n\n> corporate plan means a plan developed by the CEO in accordance with section 64, and includes such a plan as varied in accordance with section 66.\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\n3 Subsection 3(2)\n\nRepeal the subsection, substitute:\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\n4 Subsection 3(3)\n\nRepeal the subsection.\n\n5 At the end of section 3\n\nAdd:\n\n (5) In any other Act, a reference to an employee of the Australian Trade Commission is a reference to a person engaged by the CEO under section 74 of the Public Service Act 1999.\n\n6 Part II (heading)\n\nRepeal the heading, substitute:\n\n## Part 2—Establishment and function of the Australian Trade Commission\n\n7 Subsections 7(2), (3) and (4)\n\nRepeal the subsections, substitute:\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\n8 After section 7\n\nInsert:\n\n## Part 3—Establishment and functions of the CEO\n\n#### 7A Function of the Australian Trade 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\n9 Before section 8\n\nInsert:\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\n10 Section 8\n\nOmit “Commission” (wherever occurring), substitute “CEO”.\n\nNote: The heading to section 8 is altered by omitting “Commission” and substituting “the CEO”.\n\n11 Subsection 9(1)\n\nOmit “Commission shall perform its”, substitute “CEO must perform his or her”.\n\n12 Subsection 9(2)\n\nOmit “its functions, the Commission shall”, substitute “his or her functions, the CEO must”.\n\n13 Paragraph 9(2)(a)\n\nOmit “it”, substitute “the CEO”.\n\n14 Subparagraph 9(2)(b)(i)\n\nAfter “Commission”, insert “and the CEO”.\n\n15 Subparagraph 9(2)(b)(ii)\n\nOmit “its”.\n\n16 After section 9\n\nInsert:\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\n17 Subsection 10(1)\n\nOmit “Commission”, substitute “CEO”.\n\n18 Subsection 10(1)\n\nOmit “its” (wherever occurring), substitute “his or her”.\n\n19 At the end of subsection 10(1)\n\nAdd:\n\n> Note: A direction under this section is included in the annual report: see section 92.\n\n20 Subsection 10(2)\n\nRepeal the subsection.\n\n21 Subsection 10(3)\n\nOmit “Commission”, substitute “CEO”.\n\n22 Subsection 10(3)\n\nOmit “or under a scheme approved by the Minister under section 30 of this Act”.\n\n23 Subsection 10(5)\n\nOmit “Commission”, substitute “CEO”.\n\n24 At the end of section 10\n\nAdd:\n\n (6) A direction under this section is not a legislative instrument.\n\n25 Parts III and IV\n\nRepeal the Parts.\n\n26 Part VI\n\nRepeal the Part, substitute:\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 (1) 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: Section 33A of the Acts Interpretation Act 1901 contains provisions relating to acting appointments.\n\n (2) Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:\n (a) the occasion for the appointment had not arisen; or\n (b) there was a defect or irregularity in connection with the appointment; or\n (c) the appointment had ceased to have effect; or\n (d) the occasion to act had not arisen or had ceased.\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\n27 Part VII (heading)\n\nRepeal the heading, substitute:\n\n## Part 7—Corporate plans\n\n28 Division 1 of Part VII (heading)\n\nRepeal the heading.\n\n29 Subsection 64(1)\n\nRepeal the subsection, substitute:\n\n (1) The CEO must develop, and prepare in written form, a corporate plan, for the period specified in the plan, that:\n (a) defines the principal objectives of the CEO in performing his or her functions during that period; and\n (b) gives a broad outline of the strategies to be pursued by the CEO to achieve those objectives.\n\nNote: The heading to section 64 is altered by omitting “Commission” and substituting “CEO”.\n\n30 Subsection 64(2)\n\nOmit “Division”, substitute “Part”.\n\n31 Subsection 64(3)\n\nRepeal the subsection.\n\n32 Subsection 65(1)\n\nOmit “not less than 3 months, or such longer period as is prescribed,”.\n\n33 Section 66\n\nOmit “Commission” (wherever occurring), substitute “CEO”.\n\n34 Division 2 of Part VII\n\nRepeal the Division.\n\n35 Part VIII\n\nRepeal the Part.\n\n36 Part IX (heading)\n\nRepeal the heading, substitute:\n\n## Part 9—Miscellaneous\n\n37 Sections 90 to 92\n\nRepeal the sections, substitute:\n\n#### 90 Delegations by Minister and CEO\n\n (1) The Minister may, either generally or as otherwise provided in the instrument of delegation, by signed writing, delegate to the CEO all or any of the functions and powers of the Minister:\n (a) under this Act (other than this power of delegation or the Minister’s powers under sections 65 and 66); and\n (b) under the Export Market Development Grants Act 1997.\n (2) The CEO may, either generally or as otherwise provided in the instrument of delegation, by signed writing, delegate all or any of his or her functions and powers under this Act or the Export Market Development Grants Act 1997 (other than this power of delegation) to a member of the staff of the Commission referred to in section 60.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.\n\n#### 92 Annual reports\n\n (1) The CEO must, as soon as practicable after 30 June in each financial year, prepare and give to the Minister a report on the Commission’s operations during that financial year.\n\n> Note: Section 34C of the Acts Interpretation Act 1901 contains provisions relating to annual reports.\n\n (2) A report under subsection (1) must include the following:\n (a) information about the Commission’s operations under the Export Market Development Grants Act 1997;\n (b) particulars of all directions given by the Minister to the CEO under subsection 10(1), other than any direction that includes a statement to the effect that the direction is not to be disclosed:\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 (3) The Minister must cause a copy of each annual report to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.\n\n38 Subsection 94(1)\n\nRepeal the subsection, substitute:\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\n39 Subsection 94(4)\n\nOmit “the Commission” (first occurring), substitute “a person to whom this section applies”.\n\n40 Paragraph 94(4)(b)\n\nOmit “Commission” (wherever occurring), substitute “CEO”.\n\n41 Sections 95 and 96\n\nRepeal the sections.\n\n \n\nPart 2—Amendment contingent on the Export Market Development Grants Legislation Amendment Act 2006\n\nAustralian Trade Commission Act 1985\n\n42 Subsection 64(4)\n\nRepeal the subsection, substitute:\n\n (4) The reference in subsection (1) to the functions of the CEO under this Act does not include a reference to any functions conferred on the CEO by the Export Expansion Grants Act 1978.\n\n \n\nSchedule 2—Consequential amendment of the Export Market Development Grants Act 1997\n\nPart 1—Main amendments\n\nExport Market Development Grants Act 1997\n\n1 Reader’s guide (purpose of this Act)\n\nBefore “Austrade”, insert “the CEO of”.\n\n2 Reader’s guide (related legislation)\n\nBefore “Austrade” (wherever occurring), insert “the CEO of”.\n\n3 Reader’s guide (diagram 1)\n\nRepeal the diagram, substitute:\n\nDiagram 1—Is an amount of grant payable to you? (Overview of Act)\n\n![](image.002.png)\n\n4 Reader’s guide (diagram 3)\n\nBefore “Austrade” (wherever occurring), insert “the CEO of”.\n\n5 List of terms defined in Part 9\n\nInsert the following entry in its appropriate alphabetical position (determined on a letter‑by‑letter basis):\n\nCEO of Austrade\n\n6 Paragraph 6(1)(e)\n\nBefore “Austrade”, insert “the CEO of”.\n\n7 Paragraph 6(1)(f)\n\nOmit “Austrade”, substitute “the CEO”.\n\n8 Subsection 6(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n9 Subsection 6(2) (note)\n\nOmit “Austrade, Australian law,”, substitute “Australian law, CEO of Austrade,”.\n\n10 Paragraph 7(1)(a)\n\nOmit “in Austrade’s opinion”, substitute “in the opinion of the CEO of Austrade”.\n\n11 Paragraph 7(1)(b)\n\nOmit “in Austrade’s opinion”, substitute “in the CEO’s opinion”.\n\n12 Paragraph 7(1)(h)\n\nOmit “Austrade”, substitute “the CEO”.\n\n13 Subsection 7(1) (note)\n\nOmit “Austrade”, substitute “CEO of Austrade”.\n\n14 Subsection 7(2) (note)\n\nOmit “, Austrade”.\n\n15 Paragraph 7(4)(aa)\n\nOmit “in Austrade’s opinion”, substitute “in the opinion of the CEO of Austrade”.\n\n16 Paragraphs 7(4)(a) and (h)\n\nOmit “Austrade”, substitute “the CEO”.\n\n17 Subsection 7(4) (note)\n\nOmit “Austrade”, substitute “CEO of Austrade”.\n\n18 Subsection 20(1)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\nNote: The heading to section 20 is altered by inserting “The CEO of” before “Austrade”.\n\n19 Subsection 20(1)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n20 Subsection 20(2)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n21 Subsection 20(2)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n22 Subsection 20(3)\n\nBefore “Austrade”, insert “the CEO of”.\n\n23 Subsection 21(1)\n\nBefore “Austrade”, insert “The CEO of”.\n\n24 Subsection 21(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n25 Paragraph 21(3)(a)\n\nBefore “Austrade”, insert “the CEO of”.\n\n26 Paragraph 21(3)(b)\n\nOmit “Austrade”, substitute “the CEO”.\n\n27 Subsection 22(1)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\nNote: The heading to section 22 is altered by inserting “The CEO of” before “Austrade”.\n\n28 Subsection 22(1)\n\nOmit “Austrade” (second and third occurring), substitute “the CEO”.\n\n29 Subsection 22(2)\n\nBefore “Austrade”, insert “The CEO of”.\n\n30 Subsection 22(3)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\n31 Subsection 22(3)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n32 Subsection 25(4)\n\nBefore “Austrade”, insert “the CEO of”.\n\n33 Subsection 25(4)\n\nOmit “to it”, substitute “to him or her”.\n\n34 Paragraph 25A(1)(c)\n\nOmit “in Austrade’s opinion”, substitute “in the opinion of the CEO of Austrade”.\n\n35 Subsection 25A(1) (note 2)\n\nOmit “Austrade’s decisions”, substitute “Decisions”.\n\n36 Subsection 25A(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n37 Subsection 25A(2)\n\nOmit “to it”, substitute “to him or her”.\n\n38 Section 26\n\nBefore “Austrade”, insert “the CEO of”.\n\n39 Subsection 27(1)\n\nBefore “Austrade”, insert “the CEO of”.\n\n40 Section 30\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 30 is altered by inserting “the CEO of” before “Austrade”.\n\n41 Subsection 33(2) (table)\n\nOmit “in Austrade’s opinion” (wherever occurring), substitute “in the opinion of the CEO of Austrade”.\n\n42 Subsection 33(2) (note 2)\n\nOmit “Austrade’s decisions”, substitute “Decisions”.\n\n43 Paragraph 45(a)\n\nBefore “Austrade”, insert “the CEO of”.\n\n44 Paragraph 47(1)(a)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n45 Paragraph 47(1)(a)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n46 Subsection 52(1)\n\nOmit “in Austrade’s opinion”, substitute “in the opinion of the CEO of Austrade”.\n\n47 Subsection 52(1) (note)\n\nOmit “Austrade’s decisions”, substitute “Decisions”.\n\n48 Paragraph 57(2)(c)\n\nBefore “Austrade”, insert “the CEO of”.\n\n49 Section 59\n\nBefore “Austrade”, insert “the CEO of”.\n\n50 Subsection 61(4)\n\nBefore “Austrade”, insert “the CEO of”.\n\n51 Section 64\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 64 is altered by inserting “the CEO of” before “Austrade”.\n\n52 Subsections 69(1) and 70(1) and (2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n53 Paragraph 71(a)\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 71 is altered by inserting “the CEO of” before “Austrade”.\n\n54 Paragraph 71(b)\n\nOmit “Austrade”, substitute “the CEO”.\n\n55 Subsection 72(1)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\nNote: The heading to section 72 is altered by inserting “The CEO of” before “Austrade”.\n\n56 Subsection 72(1)\n\nOmit “Austrade” (second, third and fourth occurring), substitute “the CEO”.\n\n57 Subsection 72(1)\n\nOmit “its”, substitute “his or her”.\n\n58 Subsection 72(2)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\n59 Subsection 72(2)\n\nOmit “Austrade” (second and third occurring), substitute “the CEO”.\n\n60 Subsection 72(2A)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\n61 Subsection 72(2A)\n\nOmit “Austrade” (second, third and fourth occurring), substitute “the CEO”.\n\n62 Subsection 72(3)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n63 Subsection 72(3)\n\nOmit “Austrade” (second and third occurring), substitute “the CEO”.\n\n64 Subsection 73(1)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\nNote: The heading to section 73 is altered by inserting “the CEO of” before “Austrade”.\n\n65 Paragraphs 73(1)(b) and (c)\n\nOmit “Austrade”, substitute “the CEO”.\n\n66 Subsection 73(2)\n\nBefore “Austrade”, insert “The CEO of”.\n\n67 Subsection 74(1)\n\nBefore “Austrade”, insert “the CEO of”.\n\n68 Sections 75 and 76\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 76 is altered by inserting “The CEO of” before “Austrade”.\n\n69 Section 79\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\n70 Section 79\n\nOmit “Austrade” (second and third occurring), substitute “the CEO”.\n\n71 Subdivision 1 of Division 3 of Part 7 (heading)\n\nRepeal the heading, substitute:\n\n#### Subdivision 1—Duties of the CEO of Austrade\n\n72 Subsection 80(1)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\nNote: The heading to section 80 is altered by inserting “The CEO of” before “Austrade”.\n\n73 Paragraph 80(1)(c)\n\nOmit “Austrade”, substitute “the CEO”.\n\n74 Subsection 80(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n75 Subsection 81(1)\n\nOmit “If Austrade’s determination”, substitute “If a determination by the CEO of Austrade”.\n\n76 Subsection 81(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n77 Paragraph 81(3)(b)\n\nBefore “Austrade”, insert “the CEO of”.\n\n78 Section 82\n\nOmit “If Austrade’s determination that the”, substitute “If a determination by the CEO of Austrade that an”.\n\n79 Paragraph 82(a)\n\nOmit “Austrade”, substitute “the CEO”.\n\n80 Paragraph 83(1)(a)\n\nOmit “Austrade’s determination”, substitute “the determination by the CEO of Austrade”.\n\n81 Paragraph 83(1)(b)\n\nOmit “Austrade’s”, substitute “the CEO’s”.\n\n82 Section 87AA\n\nBefore “Austrade” (wherever occurring), insert “the CEO of”.\n\n83 Section 88\n\nBefore “Austrade” (wherever occurring), insert “the CEO of”.\n\n84 Subsections 89(1) and (2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n85 Subsection 89(5) (note)\n\nBefore “Austrade”, insert “the CEO of”.\n\n86 Subsection 91(1)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n87 Subsection 91(1)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n88 Paragraph 91(1)(a)\n\nOmit “Austrade’s”, substitute “the CEO’s”.\n\n89 Paragraph 91(1)(b)\n\nOmit “Austrade”, substitute “the CEO”.\n\n90 Subsection 91(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n91 Subsection 91(2) (note)\n\nBefore “Austrade”, insert “the CEO of”.\n\n92 Subsection 92(4)\n\nBefore “Austrade”, insert “The CEO of”.\n\n93 Subsection 97(1)\n\nBefore “Austrade”, insert “the CEO of”.\n\n94 Subsection 98(1)\n\nBefore “Austrade”, insert “the CEO of”.\n\n95 Subsection 98(2)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n96 Paragraph 98(2)(b)\n\nOmit “Austrade”, substitute “the CEO”.\n\n97 Subsection 98(4)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n98 Subsection 98(4)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n99 Section 99\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 99 is altered by omitting “Austrade’s decisions” and substituting “decisions of CEO of Austrade”.\n\n100 Subsection 100(1)\n\nBefore “Austrade”, insert “The CEO of”.\n\n101 Subsection 100(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n102 Subsection 100(3)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n103 Paragraphs 100(3)(a) and (d)\n\nOmit “Austrade”, substitute “the CEO”.\n\n104 Paragraph 101(1)(a)\n\nBefore “Austrade”, insert “the CEO of”.\n\n105 Paragraphs 101(1)(b) to (c)\n\nOmit “Austrade”, substitute “the CEO”.\n\n106 Paragraph 101(1)(c)\n\nOmit “its”, substitute “his or her”.\n\n107 Paragraph 101(1)(d)\n\nOmit “Austrade”, substitute “the CEO”.\n\n108 Subsection 101(2)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n109 Subsection 101(2)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n110 Subsection 101(2)\n\nOmit “its”, substitute “his or her”.\n\n111 Subsection 101(3)\n\nBefore “Austrade”, insert “The CEO of”.\n\n112 Subsection 101(3)\n\nOmit “its”, substitute “his or her”.\n\n113 Subsection 103(2)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n114 Subsection 103(2)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n115 Subsection 103(3)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n116 Subsection 103(3)\n\nOmit “Austrade” (second and third occurring), substitute “the Commonwealth”.\n\n117 Subsections 104(1) and (2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n118 Subsection 104(3)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n119 Subsection 104(3)\n\nOmit “Austrade” (second and third occurring), substitute “the Commonwealth”.\n\n120 Subsection 104(4)\n\nOmit “Managing Director of Austrade, or by a person acting in the office of Managing Director of Austrade”, substitute “CEO of Austrade, or by a person acting as the CEO of Austrade”.\n\n121 Paragraph 106(2)(a)\n\nBefore “Austrade”, insert “the CEO of”.\n\n122 Section 107 (definitions of approved body, approved joint venture and approved trading house)\n\nBefore “Austrade”, insert “the CEO of”.\n\n123 Section 107\n\nInsert:\n\n> CEO of Austrade means the Chief Executive Officer of Austrade referred to in section 7B of the Australian Trade Commission Act 1985.\n\n124 Section 107 (definition of payout factor)\n\nBefore “Austrade”, insert “the CEO of”.\n\n125 Sections 109 and 111\n\nBefore “Austrade”, insert “the CEO of”.\n\n \n\nPart 2—Amendments contingent on the Export Market Development Grants Legislation Amendment Act 2006\n\nDivision 1—Amendments that commence after the EMDG legislation\n\nExport Market Development Grants Act 1997\n\n126 Paragraph 24(b)\n\nBefore “Austrade”, insert “the CEO of”.\n\n127 Section 24 (note)\n\nOmit “Austrade’s decisions”, substitute “Decisions”.\n\n128 Subsection 33(2) (note 3)\n\nOmit “Austrade can make certain adjustments if it”, substitute “the CEO of Austrade can make certain adjustments if he or she”.\n\n129 Subsection 37(1) (note 2)\n\nOmit “Austrade’s decisions”, substitute “Decisions”.\n\n130 Subsection 37(1A)\n\nBefore “Austrade”, insert “the CEO of”.\n\n131 Subsection 93(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n132 Subparagraph 94(1)(b)(ii)\n\nBefore “Austrade”, insert “the CEO of”.\n\n133 Subsection 94(1) (note)\n\nOmit “Austrade’s decisions”, substitute “Decisions”.\n\n134 Subsection 94(2)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n135 Paragraph 94(2)(b)\n\nOmit “Austrade” (wherever occurring), substitute “the CEO”.\n\n136 Section 95\n\nBefore “Austrade”, insert “the CEO of”.\n\n137 Subsection 96(1)\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 96 is altered by inserting “the CEO of” before “Austrade”.\n\n138 Subsection 96(2)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n139 Paragraph 96(2)(a)\n\nOmit “Austrade is of that opinion and of Austrade’s”, substitute “the CEO is of that opinion and of the CEO’s”.\n\n140 Paragraph 96(2)(b)\n\nOmit “Austrade”, substitute “the CEO”.\n\n141 Subsection 96(3)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n142 Subsection 96(3)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n143 Paragraph 96(3)(a)\n\nOmit “it”, substitute “he or she”.\n\n144 Subsection 96(4)\n\nBefore “Austrade”, insert “the CEO of”.\n\n145 Subsection 96(4)\n\nOmit “Austrade’s”, substitute “the CEO’s”.\n\nDivision 2—Amendments that do not commence if the EMDG legislation commences first\n\nExport Market Development Grants Act 1997\n\n146 Reader’s guide (diagram 3)\n\nBefore “Austrade” (wherever occurring), insert “the CEO of”.\n\n147 Subsection 10(1) (table item 3)\n\nOmit “in Austrade’s opinion”, substitute “in the opinion of the CEO of Austrade”.\n\n148 Subsection 10(1) (note)\n\nOmit “Austrade”, substitute “CEO of Austrade”.\n\n149 Section 12\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 12 is altered by inserting “the CEO of” before “Austrade”.\n\n150 Subsection 24(3)\n\nBefore “Austrade”, insert “the CEO of”.\n\n151 Subsection 24(3)\n\nOmit “it”, substitute “him or her”.\n\n152 Subsection 24(4)\n\nBefore “Austrade”, insert “the CEO of”.\n\n153 Subsection 24(4)\n\nOmit “it”, substitute “him or her”.\n\n154 Subsection 33(2) (table item 1B)\n\nOmit “in Austrade’s opinion”, substitute “in the opinion of the CEO of Austrade”.\n\n155 Subsection 35(1)\n\nBefore “Austrade”, insert “The CEO of”.\n\n156 Subsection 35(2)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n157 Subsection 35(2)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n158 Paragraph 35(2)(a)\n\nOmit “it is of that opinion and of its”, substitute “the CEO is of that opinion and of the CEO’s”.\n\n159 Paragraph 35(2)(b)\n\nOmit “Austrade”, substitute “the CEO”.\n\n160 Subsection 35(3)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n161 Paragraph 35(3)(a)\n\nOmit “Austrade must determine the amount that it”, substitute “the CEO must determine the amount that he or she”.\n\n162 Subsection 35(4)\n\nBefore “Austrade”, insert “the CEO of”.\n\n163 Subsection 35(4)\n\nOmit “Austrade’s”, substitute “the CEO’s”.\n\n164 Section 64\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 64 is altered by inserting “the CEO of” before “Austrade”.\n\n165 Section 93\n\nBefore “Austrade”, insert “the CEO of”.\n\n166 Paragraph 94(2)(b)\n\nBefore “Austrade”, insert “the CEO of”.\n\n167 Subsection 94(3)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\n168 Paragraph 94(3)(d)\n\nOmit “Austrade” (wherever occurring), substitute “the CEO”.\n\n169 Section 95\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n170 Section 95\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n171 Section 96\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\nNote: The heading to section 96 is altered by inserting “the CEO of” before “Austrade”.\n\n172 Section 96\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n173 Paragraph 96(c)\n\nOmit “as it”, substitute “as he or she”.\n\n174 Paragraphs 101(1)(ba) and (baa)\n\nOmit “Austrade”, substitute “the CEO”.\n\n175 Paragraph 101(1)(d)\n\nOmit “Austrade”, substitute “the CEO”.\n\n176 Subsections 106A(1) and (2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n177 Subsection 106A(3)\n\nBefore “Austrade”, insert “The CEO of”.\n\n \n\nSchedule 3—Other consequential amendments\n\nCommonwealth Borrowing Levy Act 1987\n\n1 Schedule\n\nOmit “11. Australian Trade Commission”.\n\nExport Finance and Insurance Corporation Act 1991\n\n2 Subsection 3(1) (definition of appointed member)\n\nOmit “Managing Director” (second occurring), substitute “Chief Executive Officer”.\n\n3 Paragraph 34(1)(d)\n\nOmit “Managing Director”, substitute “Chief Executive Officer”.\n\n4 Subsection 34(2)\n\nOmit “Managing Director” (second occurring), substitute “Chief Executive Officer”.\n\n5 Subsections 34(5) and 38(6)\n\nOmit “Managing Director”, substitute “Chief Executive Officer”.\n\nPublic Service Act 1999\n\n6 Subsection 39(1)\n\nOmit “or a person employed under the Australian Trade Commission Act 1985”.\n\n \n\nSchedule 4—Transitional provisions\n\nPart 1—Preliminary\n\n1 Definitions\n\n(1) In this Schedule:\n\nacquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\namend includes repeal and remake.\n\nasset means:\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\nassets official, in relation to an asset other than land, means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.\n\ncommencement time means the time when this Schedule commences.\n\nfinancial liability means a liability to pay a person an amount, where the amount, or the method for working out the amount, has been determined.\n\ninstrument:\n\n (a) includes:\n (i) a contract, deed, undertaking or agreement; and\n (ii) a notice, authority, order or instruction; and\n (iii) an instrument made under an Act or regulations; and\n (iv) regulations; but\n (b) does not include an Act.\n\njust terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\nland means any legal or equitable estate or interest in real property, whether actual, contingent or prospective.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nliability means any liability, duty or obligation, whether actual, contingent or prospective.\n\nnew Commission means the Australian Trade Commission established by the new law.\n\nnew law means the Australian Trade Commission Act 1985 as in force immediately after the commencement time.\n\nold Commission means the Australian Trade Commission established by the old law.\n\nold law means the Australian Trade Commission Act 1985 as in force immediately before the commencement time.\n\n(2) Subject to subitem (1), an expression used in this Schedule that is also used in the new law has the same meaning in this Schedule as it has in the new law.\n\n \n\nPart 2—Assets, liabilities and legal proceedings\n\n2 Vesting of assets of old Commission\n\n(1) This item applies to the assets of the old Commission immediately before the commencement time.\n\n(2) At the commencement time, the assets to which this item applies cease to be assets of the old Commission and become assets of the Commonwealth without any conveyance, transfer or assignment. The Commonwealth becomes the successor in law in relation to these assets.\n\n3 Vesting of liabilities of old Commission\n\n(1) This item applies to the liabilities of the old Commission immediately before the commencement time.\n\n(2) At the commencement time, the liabilities to which this item applies cease to be liabilities of the old Commission and become liabilities of the Commonwealth without any conveyance, transfer or assignment. The Commonwealth becomes the successor in law in relation to these liabilities.\n\n4 Certificates relating to vesting of land\n\n(1) This item applies if:\n\n (a) any land vests in the Commonwealth under this Part; and\n (b) there is lodged with a land registration official a certificate that:\n (i) is signed by the Minister; and\n (ii) identifies the land, whether by reference to a map or otherwise; and\n (iii) states that the land has become vested in the Commonwealth under this Part.\n\nNote: Certificates under paragraph (1)(b) are presumed to be authentic: see item 19.\n\n(2) The land registration official may:\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n (b) deal with, and give effect to, the certificate.\n\n5 Certificates relating to vesting of assets other than land\n\n(1) This item applies if:\n\n (a) any asset other than land vests in the Commonwealth under this Part; and\n (b) there is lodged with an assets official a certificate that:\n (i) is signed by the Minister; and\n (ii) identifies the asset; and\n (iii) states that the asset has become vested in the Commonwealth under this Part.\n\nNote: Certificates under paragraph (1)(b) are presumed to be authentic: see item 19.\n\n(2) The assets official may:\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n (b) make such entries in the register as are necessary, having regard to the effect of this Schedule.\n\n6 Substitution of Commonwealth as a party to pending proceedings\n\nIf any proceedings to which the old Commission was a party were pending in any court or tribunal immediately before the commencement time, the Commonwealth is substituted for the old Commission, from the commencement time, as a party to the proceedings.\n\n7 Transfer of custody of old Commission records\n\n(1) This item applies to any records or documents that, immediately before the commencement time, were in the custody of the old Commission.\n\n(2) The records and documents are to be transferred into the custody of the CEO at or after the commencement time.\n\n8 Access by Board members to records\n\nFor the purposes of the operation of subsection 27L(4) of the Commonwealth Authorities and Companies Act 1997 in relation to the books of the old Commission, the reference in that subsection to a Commonwealth authority is to be read, after the commencement time, as a reference to the CEO.\n\n \n\nPart 3—Reference to, and things done by or in relation to, old Commission\n\n9 References in instruments\n\nReferences to old Commission taken to be references to CEO or Commonwealth\n\n(1) If:\n\n (a) an instrument is in force immediately before the commencement time; and\n (b) the instrument contains a reference to the old Commission (including a reference to the Board, the Managing Director or the Deputy Managing Director);\n\nthe instrument has effect from the commencement time as if the reference were a reference to the CEO.\n\n(2) However, if:\n\n (a) an instrument is in force immediately before the commencement time; and\n (b) the instrument relates to assets or liabilities covered by item 2 or 3; and\n (c) the instrument refers to the old Commission (including a reference to the Board, the Managing Director or the Deputy Managing Director);\n\nthe reference is to be read as a reference to the Commonwealth as necessary to give effect to item 2 or 3, as the case requires.\n\nReferences to staff of old Commission taken to be references to staff of new Commission\n\n(3) If:\n\n (a) an instrument is in force immediately before the commencement time; and\n (b) the instrument contains a reference to a member of the staff of the old Commission;\n\nthe instrument has effect from the commencement time as if the reference to the member of the staff of the old Commission were a reference to a member of the staff of the new Commission referred to in section 60 of the new law.\n\nMinister and regulations may provide otherwise\n\n(4) The Minister may, by writing, determine that subitem (1), (2) or (3):\n\n (a) does not apply in relation to a specified reference; or\n (b) applies as if:\n (i) in the case of subitem (1)—the reference in that subitem to the CEO were a reference to the Commonwealth; or\n (ii) in the case of subitem (2)—the reference in that subitem to the Commonwealth were a reference to the CEO; or\n (iii) in the case of subitem (3)—the reference in that subitem to a member of the staff of the Commission were a reference to the CEO.\n\nA determination under this subitem has effect accordingly.\n\n(5) The regulations may provide that an instrument containing a reference specified in a determination under paragraph (4)(a) has effect from the commencement time as if:\n\n (a) in the case of an instrument covered by subitem (1)—the reference were a reference to a specified person or body other than the Commonwealth or the CEO; or\n (b) in the case of an instrument covered by subitem (2)—the reference were a reference to a specified person or body other than the Commonwealth or the CEO; or\n (c) in the case of an instrument covered by subitem (3)—the reference were a reference to a specified person or body other than the CEO or a member of the staff of the Commission.\n\nDeterminations are not legislative instruments\n\n(6) A determination under subitem (4) is not a legislative instrument.\n\n10 Operation of laws\n\nThings done by old Commission taken to be done by CEO\n\n(1) If, before the commencement time, a thing was done by, or in relation to, the old Commission (including the Board, the Managing Director or the Deputy Managing Director), then, for the purposes of the operation of any law of the Commonwealth after the commencement time, the thing is taken to have been done by, or in relation to, the CEO.\n\n(2) For the purposes of subitem (1), a thing done before the commencement time under a provision that is amended by this Act has effect from that time as if it were done under that provision as amended. However, this is not taken to change the time at which the thing was actually done.\n\nMinister and regulations may provide otherwise\n\n(3) The Minister may, by writing, determine that subitem (1):\n\n (a) does not apply in relation to a specified thing done by, or in relation to, the old Commission; or\n (b) applies as if the reference in that subitem to the CEO were a reference to the Commonwealth.\n\nA determination under this subitem has effect accordingly.\n\n(4) The regulations may provide for a thing specified in a determination under paragraph (3)(a) to be taken to have been done by, or in relation to, a specified person or body other than the Commonwealth or the CEO.\n\nMeaning of doing\n\n(5) To avoid doubt, for the purposes of this item, doing a thing includes making an instrument.\n\nDeterminations are not legislative instruments\n\n(6) A determination made under subitem (3) is not a legislative instrument.\n\n11 Continued effect of certain instruments made under the old law\n\nThe amendments made to the following sections of the Australian Trade Commission Act 1985 do not affect the continuity of an instrument made under one of those sections:\n\n (a) section 10;\n (b) section 54;\n (c) section 55;\n (d) section 57;\n (e) section 64;\n (f) subsection 90(2).\n\n12 Financial statements and other reporting requirements\n\nReporting requirements\n\n(1) If:\n\n (a) immediately before the commencement time, a law required the old Commission (including the Managing Director) to provide a report (whether financial statements or otherwise) for a period; and\n (b) the period ends after the commencement time;\n\nthe CEO must provide the report, as required, for so much of the period as occurs before the commencement time.\n\n(2) If:\n\n (a) under subitem (1), the CEO is required to provide a report for a part of a period; and\n (b) the CEO is also required to provide a similar report for the remainder of the period;\n\nthe CEO may meet the requirements in a single report for the period.\n\nOutstanding reporting requirements\n\n(3) If:\n\n (a) a law required the old Commission (including the Managing Director) to provide a report (whether financial statements or otherwise) for a period that ended before the commencement time; and\n (b) the report has not been provided by the commencement time;\n\nthe CEO must provide the report as required.\n\n13 Continuation of secrecy obligations\n\nDespite the amendment of section 94 of the Australian Trade Commission Act 1985 by this Act, that section continues to apply after the commencement time, in relation to anything done by a person to whom that section applies immediately before that time, as if the amendments had not been made.\n\n \n\nPart 4—CEO and staff\n\n14 CEO\n\nThe person holding office as the Managing Director under subsection 51(1) of the old law immediately before the commencement time is taken to have been duly appointed as the CEO by the Minister under subsection 51(1) of the new law:\n\n (a) for the balance of the person’s term of appointment that remained immediately before the commencement time; and\n (b) on the same terms and conditions as applied to the person immediately before the commencement time.\n\n15 Transfer of staff\n\n(1) The regulations may prescribe other matters of a transitional nature in relation to the transfer of staff from the old Commission to the new Commission.\n\n(2) Without limiting subitem (1), regulations under that subitem may provide for:\n\n (a) some or all of the entitlements and obligations of the staff of the old Commission to be preserved; or\n (b) the old Commission’s staffing procedures to apply, or to continue to apply, in relation to:\n (i) processes begun before, but not completed by, the commencement time; or\n (ii) things done by, for or in relation to the old Commission or a staff member of the old Commission before the commencement time; or\n (c) the new Commission’s staffing procedures to apply in relation to:\n (i) processes begun before, but not completed by, the commencement time; or\n (ii) things done by, for or in relation to the old Commission or a staff member of the old Commission before the commencement time.\n\n(3) Regulations made under this item have effect despite the Public Service Act 1999.\n\n(4) In this item:\n\nstaffing procedures includes procedures and policies related to recruitment, promotion, performance management, inefficiency, misconduct, forfeiture of position, fitness for duty, loss of essential qualifications, disciplinary action, reviews of or appeals against staffing decisions, transfers, redundancy, resignations, termination of employment, grievance processes and leave.\n\n \n\nPart 5—Miscellaneous\n\n17 Exemption from stamp duty and other State or Territory taxes\n\nNo stamp duty or other tax is payable under a law of a State or Territory in respect of, or in respect of anything connected with:\n\n (a) the transfer of an asset or liability under this Schedule; or\n (b) the operation of this Schedule in any other respect.\n\n18 Constitutional safety net—acquisition of property\n\n(1) If the operation of this Schedule would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n19 Certificates taken to be authentic\n\nA document that appears to be a certificate made or issued under a particular provision of this Schedule:\n\n (a) is taken to be such a certificate; and\n (b) is taken to have been properly given;\n\nunless the contrary is established.\n\n20 Delegation by Minister\n\n(1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Schedule to the CEO.\n\n(2) In exercising or performing powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n21 Regulations\n\n(1) The Governor‑General may make regulations prescribing matters:\n\n (a) required or permitted by this Schedule to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Schedule.\n\n(2) In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.","sortOrder":20},{"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":21},{"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":22},{"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.\n\n27 Part VII (heading)\n\nRepeal the heading, substitute:","sortOrder":23},{"sectionNumber":"Part 7","sectionType":"part","heading":"Corporate plans","content":"## Part 7—Corporate plans\n\n28 Division 1 of Part VII (heading)\n\nRepeal the heading.\n\n29 Subsection 64(1)\n\nRepeal the subsection, substitute:\n\n (1) The CEO must develop, and prepare in written form, a corporate plan, for the period specified in the plan, that:\n (a) defines the principal objectives of the CEO in performing his or her functions during that period; and\n (b) gives a broad outline of the strategies to be pursued by the CEO to achieve those objectives.\n\nNote: The heading to section 64 is altered by omitting “Commission” and substituting “CEO”.\n\n30 Subsection 64(2)\n\nOmit “Division”, substitute “Part”.\n\n31 Subsection 64(3)\n\nRepeal the subsection.\n\n32 Subsection 65(1)\n\nOmit “not less than 3 months, or such longer period as is prescribed,”.\n\n33 Section 66\n\nOmit “Commission” (wherever occurring), substitute “CEO”.\n\n34 Division 2 of Part VII\n\nRepeal the Division.\n\n35 Part VIII\n\nRepeal the Part.\n\n36 Part IX (heading)\n\nRepeal the heading, substitute:","sortOrder":24},{"sectionNumber":"Part 9","sectionType":"part","heading":"Miscellaneous","content":"## Part 9—Miscellaneous\n\n37 Sections 90 to 92\n\nRepeal the sections, substitute:","sortOrder":25},{"sectionNumber":"90","sectionType":"section","heading":"Delegations by Minister and CEO","content":"#### 90 Delegations by Minister and CEO\n\n (1) The Minister may, either generally or as otherwise provided in the instrument of delegation, by signed writing, delegate to the CEO all or any of the functions and powers of the Minister:\n (a) under this Act (other than this power of delegation or the Minister’s powers under sections 65 and 66); and\n (b) under the Export Market Development Grants Act 1997.\n (2) The CEO may, either generally or as otherwise provided in the instrument of delegation, by signed writing, delegate all or any of his or her functions and powers under this Act or the Export Market Development Grants Act 1997 (other than this power of delegation) to a member of the staff of the Commission referred to in section 60.\n\n> Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.","sortOrder":26},{"sectionNumber":"92","sectionType":"section","heading":"Annual reports","content":"#### 92 Annual reports\n\n (1) The CEO must, as soon as practicable after 30 June in each financial year, prepare and give to the Minister a report on the Commission’s operations during that financial year.\n\n> Note: Section 34C of the Acts Interpretation Act 1901 contains provisions relating to annual reports.\n\n (2) A report under subsection (1) must include the following:\n (a) information about the Commission’s operations under the Export Market Development Grants Act 1997;\n (b) particulars of all directions given by the Minister to the CEO under subsection 10(1), other than any direction that includes a statement to the effect that the direction is not to be disclosed:\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 (3) The Minister must cause a copy of each annual report to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.\n\n38 Subsection 94(1)\n\nRepeal the subsection, substitute:\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\n39 Subsection 94(4)\n\nOmit “the Commission” (first occurring), substitute “a person to whom this section applies”.\n\n40 Paragraph 94(4)(b)\n\nOmit “Commission” (wherever occurring), substitute “CEO”.\n\n41 Sections 95 and 96\n\nRepeal the sections.\n\n \n\nPart 2—Amendment contingent on the Export Market Development Grants Legislation Amendment Act 2006\n\nAustralian Trade Commission Act 1985\n\n42 Subsection 64(4)\n\nRepeal the subsection, substitute:\n\n (4) The reference in subsection (1) to the functions of the CEO under this Act does not include a reference to any functions conferred on the CEO by the Export Expansion Grants Act 1978.\n\n \n\nSchedule 2—Consequential amendment of the Export Market Development Grants Act 1997\n\nPart 1—Main amendments\n\nExport Market Development Grants Act 1997\n\n1 Reader’s guide (purpose of this Act)\n\nBefore “Austrade”, insert “the CEO of”.\n\n2 Reader’s guide (related legislation)\n\nBefore “Austrade” (wherever occurring), insert “the CEO of”.\n\n3 Reader’s guide (diagram 1)\n\nRepeal the diagram, substitute:\n\nDiagram 1—Is an amount of grant payable to you? (Overview of Act)\n\n![](image.002.png)\n\n4 Reader’s guide (diagram 3)\n\nBefore “Austrade” (wherever occurring), insert “the CEO of”.\n\n5 List of terms defined in Part 9\n\nInsert the following entry in its appropriate alphabetical position (determined on a letter‑by‑letter basis):\n\nCEO of Austrade\n\n6 Paragraph 6(1)(e)\n\nBefore “Austrade”, insert “the CEO of”.\n\n7 Paragraph 6(1)(f)\n\nOmit “Austrade”, substitute “the CEO”.\n\n8 Subsection 6(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n9 Subsection 6(2) (note)\n\nOmit “Austrade, Australian law,”, substitute “Australian law, CEO of Austrade,”.\n\n10 Paragraph 7(1)(a)\n\nOmit “in Austrade’s opinion”, substitute “in the opinion of the CEO of Austrade”.\n\n11 Paragraph 7(1)(b)\n\nOmit “in Austrade’s opinion”, substitute “in the CEO’s opinion”.\n\n12 Paragraph 7(1)(h)\n\nOmit “Austrade”, substitute “the CEO”.\n\n13 Subsection 7(1) (note)\n\nOmit “Austrade”, substitute “CEO of Austrade”.\n\n14 Subsection 7(2) (note)\n\nOmit “, Austrade”.\n\n15 Paragraph 7(4)(aa)\n\nOmit “in Austrade’s opinion”, substitute “in the opinion of the CEO of Austrade”.\n\n16 Paragraphs 7(4)(a) and (h)\n\nOmit “Austrade”, substitute “the CEO”.\n\n17 Subsection 7(4) (note)\n\nOmit “Austrade”, substitute “CEO of Austrade”.\n\n18 Subsection 20(1)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\nNote: The heading to section 20 is altered by inserting “The CEO of” before “Austrade”.\n\n19 Subsection 20(1)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n20 Subsection 20(2)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n21 Subsection 20(2)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n22 Subsection 20(3)\n\nBefore “Austrade”, insert “the CEO of”.\n\n23 Subsection 21(1)\n\nBefore “Austrade”, insert “The CEO of”.\n\n24 Subsection 21(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n25 Paragraph 21(3)(a)\n\nBefore “Austrade”, insert “the CEO of”.\n\n26 Paragraph 21(3)(b)\n\nOmit “Austrade”, substitute “the CEO”.\n\n27 Subsection 22(1)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\nNote: The heading to section 22 is altered by inserting “The CEO of” before “Austrade”.\n\n28 Subsection 22(1)\n\nOmit “Austrade” (second and third occurring), substitute “the CEO”.\n\n29 Subsection 22(2)\n\nBefore “Austrade”, insert “The CEO of”.\n\n30 Subsection 22(3)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\n31 Subsection 22(3)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n32 Subsection 25(4)\n\nBefore “Austrade”, insert “the CEO of”.\n\n33 Subsection 25(4)\n\nOmit “to it”, substitute “to him or her”.\n\n34 Paragraph 25A(1)(c)\n\nOmit “in Austrade’s opinion”, substitute “in the opinion of the CEO of Austrade”.\n\n35 Subsection 25A(1) (note 2)\n\nOmit “Austrade’s decisions”, substitute “Decisions”.\n\n36 Subsection 25A(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n37 Subsection 25A(2)\n\nOmit “to it”, substitute “to him or her”.\n\n38 Section 26\n\nBefore “Austrade”, insert “the CEO of”.\n\n39 Subsection 27(1)\n\nBefore “Austrade”, insert “the CEO of”.\n\n40 Section 30\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 30 is altered by inserting “the CEO of” before “Austrade”.\n\n41 Subsection 33(2) (table)\n\nOmit “in Austrade’s opinion” (wherever occurring), substitute “in the opinion of the CEO of Austrade”.\n\n42 Subsection 33(2) (note 2)\n\nOmit “Austrade’s decisions”, substitute “Decisions”.\n\n43 Paragraph 45(a)\n\nBefore “Austrade”, insert “the CEO of”.\n\n44 Paragraph 47(1)(a)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n45 Paragraph 47(1)(a)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n46 Subsection 52(1)\n\nOmit “in Austrade’s opinion”, substitute “in the opinion of the CEO of Austrade”.\n\n47 Subsection 52(1) (note)\n\nOmit “Austrade’s decisions”, substitute “Decisions”.\n\n48 Paragraph 57(2)(c)\n\nBefore “Austrade”, insert “the CEO of”.\n\n49 Section 59\n\nBefore “Austrade”, insert “the CEO of”.\n\n50 Subsection 61(4)\n\nBefore “Austrade”, insert “the CEO of”.\n\n51 Section 64\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 64 is altered by inserting “the CEO of” before “Austrade”.\n\n52 Subsections 69(1) and 70(1) and (2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n53 Paragraph 71(a)\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 71 is altered by inserting “the CEO of” before “Austrade”.\n\n54 Paragraph 71(b)\n\nOmit “Austrade”, substitute “the CEO”.\n\n55 Subsection 72(1)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\nNote: The heading to section 72 is altered by inserting “The CEO of” before “Austrade”.\n\n56 Subsection 72(1)\n\nOmit “Austrade” (second, third and fourth occurring), substitute “the CEO”.\n\n57 Subsection 72(1)\n\nOmit “its”, substitute “his or her”.\n\n58 Subsection 72(2)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\n59 Subsection 72(2)\n\nOmit “Austrade” (second and third occurring), substitute “the CEO”.\n\n60 Subsection 72(2A)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\n61 Subsection 72(2A)\n\nOmit “Austrade” (second, third and fourth occurring), substitute “the CEO”.\n\n62 Subsection 72(3)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n63 Subsection 72(3)\n\nOmit “Austrade” (second and third occurring), substitute “the CEO”.\n\n64 Subsection 73(1)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\nNote: The heading to section 73 is altered by inserting “the CEO of” before “Austrade”.\n\n65 Paragraphs 73(1)(b) and (c)\n\nOmit “Austrade”, substitute “the CEO”.\n\n66 Subsection 73(2)\n\nBefore “Austrade”, insert “The CEO of”.\n\n67 Subsection 74(1)\n\nBefore “Austrade”, insert “the CEO of”.\n\n68 Sections 75 and 76\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 76 is altered by inserting “The CEO of” before “Austrade”.\n\n69 Section 79\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\n70 Section 79\n\nOmit “Austrade” (second and third occurring), substitute “the CEO”.\n\n71 Subdivision 1 of Division 3 of Part 7 (heading)\n\nRepeal the heading, substitute:","sortOrder":27},{"sectionNumber":"Subdivision 1","sectionType":"subdivision","heading":"Duties of the CEO of Austrade","content":"#### Subdivision 1—Duties of the CEO of Austrade\n\n72 Subsection 80(1)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\nNote: The heading to section 80 is altered by inserting “The CEO of” before “Austrade”.\n\n73 Paragraph 80(1)(c)\n\nOmit “Austrade”, substitute “the CEO”.\n\n74 Subsection 80(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n75 Subsection 81(1)\n\nOmit “If Austrade’s determination”, substitute “If a determination by the CEO of Austrade”.\n\n76 Subsection 81(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n77 Paragraph 81(3)(b)\n\nBefore “Austrade”, insert “the CEO of”.\n\n78 Section 82\n\nOmit “If Austrade’s determination that the”, substitute “If a determination by the CEO of Austrade that an”.\n\n79 Paragraph 82(a)\n\nOmit “Austrade”, substitute “the CEO”.\n\n80 Paragraph 83(1)(a)\n\nOmit “Austrade’s determination”, substitute “the determination by the CEO of Austrade”.\n\n81 Paragraph 83(1)(b)\n\nOmit “Austrade’s”, substitute “the CEO’s”.\n\n82 Section 87AA\n\nBefore “Austrade” (wherever occurring), insert “the CEO of”.\n\n83 Section 88\n\nBefore “Austrade” (wherever occurring), insert “the CEO of”.\n\n84 Subsections 89(1) and (2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n85 Subsection 89(5) (note)\n\nBefore “Austrade”, insert “the CEO of”.\n\n86 Subsection 91(1)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n87 Subsection 91(1)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n88 Paragraph 91(1)(a)\n\nOmit “Austrade’s”, substitute “the CEO’s”.\n\n89 Paragraph 91(1)(b)\n\nOmit “Austrade”, substitute “the CEO”.\n\n90 Subsection 91(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n91 Subsection 91(2) (note)\n\nBefore “Austrade”, insert “the CEO of”.\n\n92 Subsection 92(4)\n\nBefore “Austrade”, insert “The CEO of”.\n\n93 Subsection 97(1)\n\nBefore “Austrade”, insert “the CEO of”.\n\n94 Subsection 98(1)\n\nBefore “Austrade”, insert “the CEO of”.\n\n95 Subsection 98(2)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n96 Paragraph 98(2)(b)\n\nOmit “Austrade”, substitute “the CEO”.\n\n97 Subsection 98(4)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n98 Subsection 98(4)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n99 Section 99\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 99 is altered by omitting “Austrade’s decisions” and substituting “decisions of CEO of Austrade”.\n\n100 Subsection 100(1)\n\nBefore “Austrade”, insert “The CEO of”.\n\n101 Subsection 100(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n102 Subsection 100(3)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n103 Paragraphs 100(3)(a) and (d)\n\nOmit “Austrade”, substitute “the CEO”.\n\n104 Paragraph 101(1)(a)\n\nBefore “Austrade”, insert “the CEO of”.\n\n105 Paragraphs 101(1)(b) to (c)\n\nOmit “Austrade”, substitute “the CEO”.\n\n106 Paragraph 101(1)(c)\n\nOmit “its”, substitute “his or her”.\n\n107 Paragraph 101(1)(d)\n\nOmit “Austrade”, substitute “the CEO”.\n\n108 Subsection 101(2)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n109 Subsection 101(2)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n110 Subsection 101(2)\n\nOmit “its”, substitute “his or her”.\n\n111 Subsection 101(3)\n\nBefore “Austrade”, insert “The CEO of”.\n\n112 Subsection 101(3)\n\nOmit “its”, substitute “his or her”.\n\n113 Subsection 103(2)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n114 Subsection 103(2)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n115 Subsection 103(3)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n116 Subsection 103(3)\n\nOmit “Austrade” (second and third occurring), substitute “the Commonwealth”.\n\n117 Subsections 104(1) and (2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n118 Subsection 104(3)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n119 Subsection 104(3)\n\nOmit “Austrade” (second and third occurring), substitute “the Commonwealth”.\n\n120 Subsection 104(4)\n\nOmit “Managing Director of Austrade, or by a person acting in the office of Managing Director of Austrade”, substitute “CEO of Austrade, or by a person acting as the CEO of Austrade”.\n\n121 Paragraph 106(2)(a)\n\nBefore “Austrade”, insert “the CEO of”.\n\n122 Section 107 (definitions of approved body, approved joint venture and approved trading house)\n\nBefore “Austrade”, insert “the CEO of”.\n\n123 Section 107\n\nInsert:\n\n> CEO of Austrade means the Chief Executive Officer of Austrade referred to in section 7B of the Australian Trade Commission Act 1985.\n\n124 Section 107 (definition of payout factor)\n\nBefore “Austrade”, insert “the CEO of”.\n\n125 Sections 109 and 111\n\nBefore “Austrade”, insert “the CEO of”.\n\n \n\nPart 2—Amendments contingent on the Export Market Development Grants Legislation Amendment Act 2006\n\nDivision 1—Amendments that commence after the EMDG legislation\n\nExport Market Development Grants Act 1997\n\n126 Paragraph 24(b)\n\nBefore “Austrade”, insert “the CEO of”.\n\n127 Section 24 (note)\n\nOmit “Austrade’s decisions”, substitute “Decisions”.\n\n128 Subsection 33(2) (note 3)\n\nOmit “Austrade can make certain adjustments if it”, substitute “the CEO of Austrade can make certain adjustments if he or she”.\n\n129 Subsection 37(1) (note 2)\n\nOmit “Austrade’s decisions”, substitute “Decisions”.\n\n130 Subsection 37(1A)\n\nBefore “Austrade”, insert “the CEO of”.\n\n131 Subsection 93(2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n132 Subparagraph 94(1)(b)(ii)\n\nBefore “Austrade”, insert “the CEO of”.\n\n133 Subsection 94(1) (note)\n\nOmit “Austrade’s decisions”, substitute “Decisions”.\n\n134 Subsection 94(2)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n135 Paragraph 94(2)(b)\n\nOmit “Austrade” (wherever occurring), substitute “the CEO”.\n\n136 Section 95\n\nBefore “Austrade”, insert “the CEO of”.\n\n137 Subsection 96(1)\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 96 is altered by inserting “the CEO of” before “Austrade”.\n\n138 Subsection 96(2)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n139 Paragraph 96(2)(a)\n\nOmit “Austrade is of that opinion and of Austrade’s”, substitute “the CEO is of that opinion and of the CEO’s”.\n\n140 Paragraph 96(2)(b)\n\nOmit “Austrade”, substitute “the CEO”.\n\n141 Subsection 96(3)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n142 Subsection 96(3)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n143 Paragraph 96(3)(a)\n\nOmit “it”, substitute “he or she”.\n\n144 Subsection 96(4)\n\nBefore “Austrade”, insert “the CEO of”.\n\n145 Subsection 96(4)\n\nOmit “Austrade’s”, substitute “the CEO’s”.\n\nDivision 2—Amendments that do not commence if the EMDG legislation commences first\n\nExport Market Development Grants Act 1997\n\n146 Reader’s guide (diagram 3)\n\nBefore “Austrade” (wherever occurring), insert “the CEO of”.\n\n147 Subsection 10(1) (table item 3)\n\nOmit “in Austrade’s opinion”, substitute “in the opinion of the CEO of Austrade”.\n\n148 Subsection 10(1) (note)\n\nOmit “Austrade”, substitute “CEO of Austrade”.\n\n149 Section 12\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 12 is altered by inserting “the CEO of” before “Austrade”.\n\n150 Subsection 24(3)\n\nBefore “Austrade”, insert “the CEO of”.\n\n151 Subsection 24(3)\n\nOmit “it”, substitute “him or her”.\n\n152 Subsection 24(4)\n\nBefore “Austrade”, insert “the CEO of”.\n\n153 Subsection 24(4)\n\nOmit “it”, substitute “him or her”.\n\n154 Subsection 33(2) (table item 1B)\n\nOmit “in Austrade’s opinion”, substitute “in the opinion of the CEO of Austrade”.\n\n155 Subsection 35(1)\n\nBefore “Austrade”, insert “The CEO of”.\n\n156 Subsection 35(2)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n157 Subsection 35(2)\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n158 Paragraph 35(2)(a)\n\nOmit “it is of that opinion and of its”, substitute “the CEO is of that opinion and of the CEO’s”.\n\n159 Paragraph 35(2)(b)\n\nOmit “Austrade”, substitute “the CEO”.\n\n160 Subsection 35(3)\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n161 Paragraph 35(3)(a)\n\nOmit “Austrade must determine the amount that it”, substitute “the CEO must determine the amount that he or she”.\n\n162 Subsection 35(4)\n\nBefore “Austrade”, insert “the CEO of”.\n\n163 Subsection 35(4)\n\nOmit “Austrade’s”, substitute “the CEO’s”.\n\n164 Section 64\n\nBefore “Austrade”, insert “the CEO of”.\n\nNote: The heading to section 64 is altered by inserting “the CEO of” before “Austrade”.\n\n165 Section 93\n\nBefore “Austrade”, insert “the CEO of”.\n\n166 Paragraph 94(2)(b)\n\nBefore “Austrade”, insert “the CEO of”.\n\n167 Subsection 94(3)\n\nBefore “Austrade” (first occurring), insert “The CEO of”.\n\n168 Paragraph 94(3)(d)\n\nOmit “Austrade” (wherever occurring), substitute “the CEO”.\n\n169 Section 95\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\n170 Section 95\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n171 Section 96\n\nBefore “Austrade” (first occurring), insert “the CEO of”.\n\nNote: The heading to section 96 is altered by inserting “the CEO of” before “Austrade”.\n\n172 Section 96\n\nOmit “Austrade” (second occurring), substitute “the CEO”.\n\n173 Paragraph 96(c)\n\nOmit “as it”, substitute “as he or she”.\n\n174 Paragraphs 101(1)(ba) and (baa)\n\nOmit “Austrade”, substitute “the CEO”.\n\n175 Paragraph 101(1)(d)\n\nOmit “Austrade”, substitute “the CEO”.\n\n176 Subsections 106A(1) and (2)\n\nBefore “Austrade”, insert “the CEO of”.\n\n177 Subsection 106A(3)\n\nBefore “Austrade”, insert “The CEO of”.\n\n \n\nSchedule 3—Other consequential amendments\n\nCommonwealth Borrowing Levy Act 1987\n\n1 Schedule\n\nOmit “11. Australian Trade Commission”.\n\nExport Finance and Insurance Corporation Act 1991\n\n2 Subsection 3(1) (definition of appointed member)\n\nOmit “Managing Director” (second occurring), substitute “Chief Executive Officer”.\n\n3 Paragraph 34(1)(d)\n\nOmit “Managing Director”, substitute “Chief Executive Officer”.\n\n4 Subsection 34(2)\n\nOmit “Managing Director” (second occurring), substitute “Chief Executive Officer”.\n\n5 Subsections 34(5) and 38(6)\n\nOmit “Managing Director”, substitute “Chief Executive Officer”.\n\nPublic Service Act 1999\n\n6 Subsection 39(1)\n\nOmit “or a person employed under the Australian Trade Commission Act 1985”.\n\n \n\nSchedule 4—Transitional provisions\n\nPart 1—Preliminary\n\n1 Definitions\n\n(1) In this Schedule:\n\nacquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\namend includes repeal and remake.\n\nasset means:\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\nassets official, in relation to an asset other than land, means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.\n\ncommencement time means the time when this Schedule commences.\n\nfinancial liability means a liability to pay a person an amount, where the amount, or the method for working out the amount, has been determined.\n\ninstrument:\n\n (a) includes:\n (i) a contract, deed, undertaking or agreement; and\n (ii) a notice, authority, order or instruction; and\n (iii) an instrument made under an Act or regulations; and\n (iv) regulations; but\n (b) does not include an Act.\n\njust terms has the same meaning as in paragraph 51(xxxi) of the Constitution.\n\nland means any legal or equitable estate or interest in real property, whether actual, contingent or prospective.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nliability means any liability, duty or obligation, whether actual, contingent or prospective.\n\nnew Commission means the Australian Trade Commission established by the new law.\n\nnew law means the Australian Trade Commission Act 1985 as in force immediately after the commencement time.\n\nold Commission means the Australian Trade Commission established by the old law.\n\nold law means the Australian Trade Commission Act 1985 as in force immediately before the commencement time.\n\n(2) Subject to subitem (1), an expression used in this Schedule that is also used in the new law has the same meaning in this Schedule as it has in the new law.\n\n \n\nPart 2—Assets, liabilities and legal proceedings\n\n2 Vesting of assets of old Commission\n\n(1) This item applies to the assets of the old Commission immediately before the commencement time.\n\n(2) At the commencement time, the assets to which this item applies cease to be assets of the old Commission and become assets of the Commonwealth without any conveyance, transfer or assignment. The Commonwealth becomes the successor in law in relation to these assets.\n\n3 Vesting of liabilities of old Commission\n\n(1) This item applies to the liabilities of the old Commission immediately before the commencement time.\n\n(2) At the commencement time, the liabilities to which this item applies cease to be liabilities of the old Commission and become liabilities of the Commonwealth without any conveyance, transfer or assignment. The Commonwealth becomes the successor in law in relation to these liabilities.\n\n4 Certificates relating to vesting of land\n\n(1) This item applies if:\n\n (a) any land vests in the Commonwealth under this Part; and\n (b) there is lodged with a land registration official a certificate that:\n (i) is signed by the Minister; and\n (ii) identifies the land, whether by reference to a map or otherwise; and\n (iii) states that the land has become vested in the Commonwealth under this Part.\n\nNote: Certificates under paragraph (1)(b) are presumed to be authentic: see item 19.\n\n(2) The land registration official may:\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n (b) deal with, and give effect to, the certificate.\n\n5 Certificates relating to vesting of assets other than land\n\n(1) This item applies if:\n\n (a) any asset other than land vests in the Commonwealth under this Part; and\n (b) there is lodged with an assets official a certificate that:\n (i) is signed by the Minister; and\n (ii) identifies the asset; and\n (iii) states that the asset has become vested in the Commonwealth under this Part.\n\nNote: Certificates under paragraph (1)(b) are presumed to be authentic: see item 19.\n\n(2) The assets official may:\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n (b) make such entries in the register as are necessary, having regard to the effect of this Schedule.\n\n6 Substitution of Commonwealth as a party to pending proceedings\n\nIf any proceedings to which the old Commission was a party were pending in any court or tribunal immediately before the commencement time, the Commonwealth is substituted for the old Commission, from the commencement time, as a party to the proceedings.\n\n7 Transfer of custody of old Commission records\n\n(1) This item applies to any records or documents that, immediately before the commencement time, were in the custody of the old Commission.\n\n(2) The records and documents are to be transferred into the custody of the CEO at or after the commencement time.\n\n8 Access by Board members to records\n\nFor the purposes of the operation of subsection 27L(4) of the Commonwealth Authorities and Companies Act 1997 in relation to the books of the old Commission, the reference in that subsection to a Commonwealth authority is to be read, after the commencement time, as a reference to the CEO.\n\n \n\nPart 3—Reference to, and things done by or in relation to, old Commission\n\n9 References in instruments\n\nReferences to old Commission taken to be references to CEO or Commonwealth\n\n(1) If:\n\n (a) an instrument is in force immediately before the commencement time; and\n (b) the instrument contains a reference to the old Commission (including a reference to the Board, the Managing Director or the Deputy Managing Director);\n\nthe instrument has effect from the commencement time as if the reference were a reference to the CEO.\n\n(2) However, if:\n\n (a) an instrument is in force immediately before the commencement time; and\n (b) the instrument relates to assets or liabilities covered by item 2 or 3; and\n (c) the instrument refers to the old Commission (including a reference to the Board, the Managing Director or the Deputy Managing Director);\n\nthe reference is to be read as a reference to the Commonwealth as necessary to give effect to item 2 or 3, as the case requires.\n\nReferences to staff of old Commission taken to be references to staff of new Commission\n\n(3) If:\n\n (a) an instrument is in force immediately before the commencement time; and\n (b) the instrument contains a reference to a member of the staff of the old Commission;\n\nthe instrument has effect from the commencement time as if the reference to the member of the staff of the old Commission were a reference to a member of the staff of the new Commission referred to in section 60 of the new law.\n\nMinister and regulations may provide otherwise\n\n(4) The Minister may, by writing, determine that subitem (1), (2) or (3):\n\n (a) does not apply in relation to a specified reference; or\n (b) applies as if:\n (i) in the case of subitem (1)—the reference in that subitem to the CEO were a reference to the Commonwealth; or\n (ii) in the case of subitem (2)—the reference in that subitem to the Commonwealth were a reference to the CEO; or\n (iii) in the case of subitem (3)—the reference in that subitem to a member of the staff of the Commission were a reference to the CEO.\n\nA determination under this subitem has effect accordingly.\n\n(5) The regulations may provide that an instrument containing a reference specified in a determination under paragraph (4)(a) has effect from the commencement time as if:\n\n (a) in the case of an instrument covered by subitem (1)—the reference were a reference to a specified person or body other than the Commonwealth or the CEO; or\n (b) in the case of an instrument covered by subitem (2)—the reference were a reference to a specified person or body other than the Commonwealth or the CEO; or\n (c) in the case of an instrument covered by subitem (3)—the reference were a reference to a specified person or body other than the CEO or a member of the staff of the Commission.\n\nDeterminations are not legislative instruments\n\n(6) A determination under subitem (4) is not a legislative instrument.\n\n10 Operation of laws\n\nThings done by old Commission taken to be done by CEO\n\n(1) If, before the commencement time, a thing was done by, or in relation to, the old Commission (including the Board, the Managing Director or the Deputy Managing Director), then, for the purposes of the operation of any law of the Commonwealth after the commencement time, the thing is taken to have been done by, or in relation to, the CEO.\n\n(2) For the purposes of subitem (1), a thing done before the commencement time under a provision that is amended by this Act has effect from that time as if it were done under that provision as amended. However, this is not taken to change the time at which the thing was actually done.\n\nMinister and regulations may provide otherwise\n\n(3) The Minister may, by writing, determine that subitem (1):\n\n (a) does not apply in relation to a specified thing done by, or in relation to, the old Commission; or\n (b) applies as if the reference in that subitem to the CEO were a reference to the Commonwealth.\n\nA determination under this subitem has effect accordingly.\n\n(4) The regulations may provide for a thing specified in a determination under paragraph (3)(a) to be taken to have been done by, or in relation to, a specified person or body other than the Commonwealth or the CEO.\n\nMeaning of doing\n\n(5) To avoid doubt, for the purposes of this item, doing a thing includes making an instrument.\n\nDeterminations are not legislative instruments\n\n(6) A determination made under subitem (3) is not a legislative instrument.\n\n11 Continued effect of certain instruments made under the old law\n\nThe amendments made to the following sections of the Australian Trade Commission Act 1985 do not affect the continuity of an instrument made under one of those sections:\n\n (a) section 10;\n (b) section 54;\n (c) section 55;\n (d) section 57;\n (e) section 64;\n (f) subsection 90(2).\n\n12 Financial statements and other reporting requirements\n\nReporting requirements\n\n(1) If:\n\n (a) immediately before the commencement time, a law required the old Commission (including the Managing Director) to provide a report (whether financial statements or otherwise) for a period; and\n (b) the period ends after the commencement time;\n\nthe CEO must provide the report, as required, for so much of the period as occurs before the commencement time.\n\n(2) If:\n\n (a) under subitem (1), the CEO is required to provide a report for a part of a period; and\n (b) the CEO is also required to provide a similar report for the remainder of the period;\n\nthe CEO may meet the requirements in a single report for the period.\n\nOutstanding reporting requirements\n\n(3) If:\n\n (a) a law required the old Commission (including the Managing Director) to provide a report (whether financial statements or otherwise) for a period that ended before the commencement time; and\n (b) the report has not been provided by the commencement time;\n\nthe CEO must provide the report as required.\n\n13 Continuation of secrecy obligations\n\nDespite the amendment of section 94 of the Australian Trade Commission Act 1985 by this Act, that section continues to apply after the commencement time, in relation to anything done by a person to whom that section applies immediately before that time, as if the amendments had not been made.\n\n \n\nPart 4—CEO and staff\n\n14 CEO\n\nThe person holding office as the Managing Director under subsection 51(1) of the old law immediately before the commencement time is taken to have been duly appointed as the CEO by the Minister under subsection 51(1) of the new law:\n\n (a) for the balance of the person’s term of appointment that remained immediately before the commencement time; and\n (b) on the same terms and conditions as applied to the person immediately before the commencement time.\n\n15 Transfer of staff\n\n(1) The regulations may prescribe other matters of a transitional nature in relation to the transfer of staff from the old Commission to the new Commission.\n\n(2) Without limiting subitem (1), regulations under that subitem may provide for:\n\n (a) some or all of the entitlements and obligations of the staff of the old Commission to be preserved; or\n (b) the old Commission’s staffing procedures to apply, or to continue to apply, in relation to:\n (i) processes begun before, but not completed by, the commencement time; or\n (ii) things done by, for or in relation to the old Commission or a staff member of the old Commission before the commencement time; or\n (c) the new Commission’s staffing procedures to apply in relation to:\n (i) processes begun before, but not completed by, the commencement time; or\n (ii) things done by, for or in relation to the old Commission or a staff member of the old Commission before the commencement time.\n\n(3) Regulations made under this item have effect despite the Public Service Act 1999.\n\n(4) In this item:\n\nstaffing procedures includes procedures and policies related to recruitment, promotion, performance management, inefficiency, misconduct, forfeiture of position, fitness for duty, loss of essential qualifications, disciplinary action, reviews of or appeals against staffing decisions, transfers, redundancy, resignations, termination of employment, grievance processes and leave.\n\n \n\nPart 5—Miscellaneous\n\n17 Exemption from stamp duty and other State or Territory taxes\n\nNo stamp duty or other tax is payable under a law of a State or Territory in respect of, or in respect of anything connected with:\n\n (a) the transfer of an asset or liability under this Schedule; or\n (b) the operation of this Schedule in any other respect.\n\n18 Constitutional safety net—acquisition of property\n\n(1) If the operation of this Schedule would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\n19 Certificates taken to be authentic\n\nA document that appears to be a certificate made or issued under a particular provision of this Schedule:\n\n (a) is taken to be such a certificate; and\n (b) is taken to have been properly given;\n\nunless the contrary is established.\n\n20 Delegation by Minister\n\n(1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Schedule to the CEO.\n\n(2) In exercising or performing powers or functions under a delegation, the delegate must comply with any directions of the Minister.\n\n21 Regulations\n\n(1) The Governor‑General may make regulations prescribing matters:\n\n (a) required or permitted by this Schedule to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Schedule.\n\n(2) In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.","sortOrder":28}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act does exactly what its title suggests: it amends the legislative framework governing the Australian Trade Commission. The changes are structural (replacing a board model with a CEO model) and consequential (updating cross-references across related legislation). There is no evidence of scope creep — the amendments to other Acts are genuinely consequential to the core restructure rather than unrelated policy additions."},"complexity_factors":["Amends multiple Acts simultaneously (Australian Trade Commission Act 1985, Export Market Development Grants Act 1997, Commonwealth Borrowing Levy Act 1987, Export Finance and Insurance Corporation Act 1991, Public Service Act 1999)","Highly conditional commencement provisions — some schedules only commence if another Act (Export Market Development Grants Legislation Amendment Act 2006) does or does not commence first, creating interdependent timing logic","Two entire schedules (Parts 2 of Schedules 1 and 2) never commenced at all, adding dead provisions that must be navigated","Extensive transitional provisions covering asset vesting, liability transfer, substitution in legal proceedings, references in existing instruments, and staff transfers","Over 175 individual amendment items across Schedule 2 alone — mostly textual substitutions but requiring careful cross-referencing","Constitutional safeguards included (just terms compensation for acquisition of property) adding a layer of legal complexity","Interaction with Public Service Act 1999 framework for the statutory agency structure requires understanding of a separate legislative regime","Distinction between the 'old Commission' and 'new Commission' throughout transitional provisions requires careful reading to understand continuity of legal obligations"],"plain_english_summary":"This Act remakes Austrade’s governance by replacing its board-and-managing-director structure with a single Chief Executive Officer who is personally responsible for running the agency. Operationally Austrade continues its trade-promotion role, but the CEO becomes the statutory head, with reporting obligations and ministerial directions recorded publicly.\n\nThe change mainly affects Austrade staff (now public service employees), businesses using its services and export grant applicants (decisions and fee arrangements sit with the CEO), and transfers legal/financial responsibilities to the Commonwealth."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"Schedule 4, Part 1, Item 1 - Definitions of 'new Commission' and 'old Commission'","severity":"medium","reasoning":"The definitions of 'old Commission' and 'new Commission' both refer to the same statutory entity established by the same Act, differentiated only by the moment of commencement. However, item 7 of Schedule 1 redefines the Commission to consist solely of the CEO and staff, while assets vest in the Commonwealth (not the new Commission), creating ambiguity about what legal entity the 'new Commission' actually is post-transition.","confidence":0.72,"description":"Both the 'old Commission' and 'new Commission' are defined as 'the Australian Trade Commission established by the Australian Trade Commission Act 1985' - just at different points in time. The Act abolishes the old Commission structure and vests its assets in the Commonwealth, yet simultaneously creates a 'new Commission' that is essentially the same legal entity under the same Act. The substantive distinction between these two entities is unclear when the enabling statute (ATC Act 1985) is the same instrument."},{"type":"self_contradicting","section":"Schedule 1, Item 8 - Section 7A 'Function of the Australian Trade Commission'","severity":"medium","reasoning":"Section 7 defines the Commission as consisting of (a) the CEO and (b) the staff. Section 7A then defines the Commission's function as being to assist the CEO. But if the CEO is part of the Commission, the Commission (which includes the CEO) is functionally assisting the CEO (who is part of the Commission). The Commission's function is thus partly defined as assisting one of its own constituent members, which is logically incoherent.","confidence":0.82,"description":"The function of the Commission (other than the CEO) is defined as being to 'assist the CEO in the performance of his or her functions.' However, the Commission is defined in item 7 as consisting of the CEO and the staff. The section therefore carves out the CEO from the Commission for functional purposes while the definition of the Commission still includes the CEO. This creates a circular and internally inconsistent entity: the Commission includes the CEO, but the Commission's function is to assist the CEO, meaning part of the Commission's function is to assist itself."},{"type":"impossible_compliance","section":"Schedule 4, Part 4, Item 14 - Transitional CEO appointment","severity":"medium","reasoning":"The new law requires ministerial appointment by written instrument (s.51(1)). The transitional item 14 creates a statutory deemed appointment without any written instrument from the Minister. These are legally distinct mechanisms. While deemed appointments are common in transitional provisions and courts would likely uphold this as a valid statutory exception, the failure to either (a) explicitly disapply the written instrument requirement or (b) provide for a notional instrument creates a formal contradiction between the transitional mechanism and the substantive appointment requirement.","confidence":0.65,"description":"The transitional provision deems the person holding the office of Managing Director under 'subsection 51(1) of the old law' to be appointed as CEO under 'subsection 51(1) of the new law.' However, the new subsection 51(1) states the CEO 'is to be appointed by the Minister by written instrument.' A deemed appointment by statute is not an appointment by the Minister by written instrument. The transitional provision therefore purports to satisfy a requirement it structurally cannot satisfy."},{"type":"other","section":"Schedule 4, Part 5, Item 21(2) - Regulations about transitional matters","severity":"low","reasoning":"The drafting error of referring to 'amendments or repeals made by this Schedule' when Schedule 4 makes no amendments or repeals is a technical flaw. It may be read purposively to refer to the Act as a whole, but on its literal terms the regulation-making power is self-referentially void as to its subject matter.","confidence":0.6,"description":"Item 21(2) states that regulations may prescribe 'matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.' However, Schedule 4 itself contains no amendments or repeals - it is a purely transitional schedule. The amendments and repeals are made by Schedules 1, 2, and 3. The regulation-making power is therefore referenced to provisions in a different Schedule, creating a mismatch that could limit the effective scope of the power."},{"type":"other","section":"Section 2, Commencement Table, Item 3 - Schedule 1, Part 2","severity":"low","reasoning":"While contingent commencement provisions are legally valid, enacting a Schedule Part that the commencement table itself records as never commencing raises questions about legislative purpose and efficiency. The provision exists on the statute books but is legally inert from inception.","confidence":0.78,"description":"Schedule 1, Part 2 (the amendment contingent on the Export Market Development Grants Legislation Amendment Act 2006) is stated in the commencement table to 'Does not commence.' The Act therefore formally enacts a provision that by its own terms never comes into operation. Legislation that is enacted but deliberately designed never to commence is a logical curiosity - it consumes parliamentary time and legislative resources for a provision that has no legal effect."},{"type":"other","section":"Schedule 2, Item 2, Commencement Table, Item 6 - Schedule 2, Part 2, Division 2","severity":"low","reasoning":"Dead-letter legislation enacted from the outset is an absurdity in legislative economy terms. While the conditional drafting technique is valid, having it recorded in the Act itself as non-commencing highlights the waste.","confidence":0.75,"description":"Similarly to Schedule 1 Part 2, Schedule 2 Part 2 Division 2 is also recorded as 'Does not commence.' This creates a situation where a substantial body of amendments (items 146-177) were legislated through Parliament but are confirmed by the Act itself as never taking effect. Division 1 (items 126-145) and Division 2 (items 146-177) of Schedule 2 Part 2 appear to cover overlapping subject matter (both amending the Export Market Development Grants Act 1997) with Division 2 being the alternative that applies if the EMDG legislation did NOT commence first. Since it did, Division 2 is permanently dead law."},{"type":"other","section":"Schedule 4, Part 2, Items 2-3 vs Schedule 4, Part 1, Item 1 (definition of 'new Commission')","severity":"medium","reasoning":"A statutory body with operational functions but no asset-holding capacity creates legal uncertainty. Contracts, for instance, would be entered into by the CEO on behalf of the Commonwealth, not the Commission. This raises questions about the legal status and utility of the 'Commission' as a distinct entity.","confidence":0.67,"description":"Assets and liabilities of the old Commission vest in the Commonwealth (not the new Commission) at the commencement time. However, the 'new Commission' is defined and continues to exist as a separate legal concept. Post-transition, the new Commission consists of the CEO and staff but holds no assets in its own right (they belong to the Commonwealth). The CEO acts on behalf of the Commonwealth. The 'new Commission' is therefore a body with functions, a CEO, and staff, but with no patrimony of its own - an entity without any property capacity, which is an unusual and potentially problematic structural characteristic."},{"type":"self_contradicting","section":"Schedule 1, Item 37 - Section 92 Annual Reports / Schedule 1, Item 26 - Section 62 Consultants","severity":"low","reasoning":"The reporting obligation refers to 'the Commission's operations' as a distinct concept, but post-amendment the Commission has no operations independent of the CEO. The CEO is both the subject doing the reporting and the primary subject being reported upon, as head of an entity whose sole function is to assist him/her.","confidence":0.7,"description":"Section 92(1) requires the CEO to report on 'the Commission's operations' during each financial year. However, after the amendments, the Commission consists only of the CEO and staff (section 7), with the Commission's sole function being to assist the CEO (section 7A). Section 62 allows the CEO to engage consultants 'to perform services for the CEO.' The annual report is therefore required to report on the Commission's operations, but the Commission has no independent operations - it exists only to assist the CEO who is simultaneously part of the Commission. The CEO would be reporting on his/her own operations as if they were the Commission's operations."}],"contradictions":[{"severity":"medium","section_a":"Schedule 1, Item 7 - New s.7(2): Commission consists of CEO and staff","section_b":"Schedule 1, Item 8 - New s.7A: Commission (other than the CEO) assists the CEO","confidence":0.78,"description":"Section 7(2) defines the Commission as consisting of (a) the CEO and (b) the staff. Section 7A defines the function of 'the Commission (other than the CEO)' as assisting the CEO. These two provisions are in direct tension: if the Commission consists of the CEO and staff, then 'the Commission other than the CEO' is just the staff. But the staff have no independent legal identity or functions under the Act - they are engaged under the Public Service Act 1999. Section 7A purports to give a functional role to a legally undefined subset of the Commission."},{"severity":"medium","section_a":"Schedule 1, Item 26 - Section 55: CEO must not engage in paid employment outside duties without Minister's approval","section_b":"Schedule 1, Item 26 - Section 59(2)(c): Minister MAY terminate if CEO engages in paid employment outside duties without approval","confidence":0.82,"description":"Section 55 imposes a mandatory prohibition on the CEO engaging in outside paid employment without ministerial approval. Section 59(2)(c) makes breach of this prohibition a ground for discretionary (not mandatory) termination - 'the Minister may terminate.' However, section 59(3) imposes a mandatory termination obligation for unsatisfactory performance. The result is that breaching a mandatory prohibition (s.55) triggers only discretionary consequences (s.59(2)(c)), while subjective ministerial dissatisfaction with performance triggers mandatory termination (s.59(3)). This creates an inverted relationship between severity of conduct and consequence."},{"severity":"medium","section_a":"Schedule 4, Part 3, Item 9(1): References to old Commission in instruments taken to be references to CEO","section_b":"Schedule 4, Part 3, Item 9(2): References to old Commission in instruments relating to assets/liabilities taken to be references to Commonwealth","confidence":0.71,"description":"Item 9(1) and 9(2) create a conflict where an instrument relating to both operational matters AND assets/liabilities of the old Commission would have references to the old Commission pointing simultaneously to the CEO (under 9(1)) and to the Commonwealth (under 9(2)). Item 9(2) uses 'however' to introduce an exception, but the exception is framed as applying 'as necessary to give effect to item 2 or 3' - leaving indeterminate which rule applies to mixed-purpose instruments without clear guidance on how to resolve the conflict in ambiguous cases."},{"severity":"medium","section_a":"Schedule 4, Part 3, Item 10(1): Things done by old Commission taken to be done by CEO","section_b":"Schedule 4, Part 2, Items 2-3: Assets and liabilities vest in Commonwealth (not CEO)","confidence":0.69,"description":"Item 10(1) deems all things done by the old Commission to have been done by the CEO after the commencement time. Items 2 and 3 vest assets and liabilities in the Commonwealth (not the CEO). Where a 'thing done' by the old Commission gave rise to or is connected with an asset or liability, it is unclear whether the thing is attributed to the CEO (under item 10(1)) or the Commonwealth (under items 2-3). Item 10(3) allows the Minister to redirect attribution to the Commonwealth, but this is discretionary and creates uncertainty in the interim."},{"severity":"low","section_a":"Schedule 1, Item 26 - Section 51(2): CEO holds office for period not exceeding 5 years","section_b":"Schedule 4, Part 4, Item 14: Transitional CEO deemed appointed for 'balance of the person's term'","confidence":0.55,"description":"The transitional provision carries over the existing Managing Director's term of appointment. If the Managing Director's original term under the old law exceeded 5 years, or if the balance of term remaining exceeds 5 years, this would be inconsistent with the new s.51(2) maximum of 5 years. The transitional provision makes no provision to cap the carried-over term at 5 years, potentially creating a deemed appointment that violates the new law's own term limits."},{"severity":"low","section_a":"Schedule 2, Part 2, Division 1 (Items 126-145): Amendments that commence AFTER EMDG legislation","section_b":"Schedule 2, Part 2, Division 2 (Items 146-177): Amendments that do NOT commence if EMDG legislation commences first","confidence":0.58,"description":"Divisions 1 and 2 of Part 2 of Schedule 2 both amend the Export Market Development Grants Act 1997 in overlapping areas (including sections 93, 94, 95, 96, 101). Division 1 applies if EMDG legislation commences first; Division 2 applies if it does not. However, Division 1 (items 126-145) addresses a different set of EMDG provisions than Division 2 (items 146-177), with some sections appearing in both (e.g. ss.95, 96, 101). If both Divisions' amendments to the same section were somehow applicable simultaneously, they could produce conflicting versions of the same provision. While the commencement conditions are designed to be mutually exclusive, the absence of explicit conflict resolution if both are somehow in force creates a latent contradiction."},{"severity":"medium","section_a":"Schedule 1, Item 26 - Section 59(3): Minister MUST terminate CEO for unsatisfactory performance","section_b":"Schedule 1, Item 26 - Section 56(1): Minister MAY appoint acting CEO during vacancy","confidence":0.65,"description":"Section 59(3) mandates termination if the Minister forms the opinion that the CEO's performance has been unsatisfactory for a significant period. The opinion threshold is entirely subjective with no procedural safeguards specified (no notice, no opportunity to respond, no merits review referenced). Section 56 provides for an acting CEO during vacancy. The combination creates a structural imbalance where a mandatory termination power based on purely subjective ministerial opinion, with no procedural constraints, sits alongside the Minister's own discretionary power to fill the resulting vacancy - concentrating unchecked power in the Minister to both remove and replace the CEO."}]},"kimi_summary":{"_metrics":{"completionTokens":468},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: restructuring Austrade's governance. While it touches multiple related Acts and includes extensive transitional provisions, these are all consequential to the core reform rather than expansion into new policy areas."},"complexity_factors":["Multiple contingent commencement provisions depending on related legislation","Extensive cross-referencing between four schedules and multiple Acts","Transitional provisions covering asset vesting, staff transfer, and instrument continuity","Conditional amendments that apply only if other legislation commences first","Detailed definitions of 'old Commission' vs 'new Commission' and temporal references","Numerous gendered pronoun substitutions throughout (his/her for its)","Repeal and replacement of entire Parts (III, IV, VI, VIII) rather than simple amendments"],"plain_english_summary":"This legislation restructures the Australian Trade Commission (Austrade) from a corporate body with a Board and Managing Director into a simpler statutory agency led by a Chief Executive Officer (CEO).\n\n**What it does:**\n- **Abolishes the Board and Managing Director** — replaces them with a single CEO appointed by the Minister for up to 5 years\n- **Makes Austrade part of the public service** — staff become public servants under the *Public Service Act 1999*, with the CEO as head of a statutory agency\n- **Transfers assets and liabilities** — everything owned or owed by the old Commission moves to the Commonwealth government\n- **Updates related laws** — hundreds of references to \"Austrade\" or \"Managing Director\" in other legislation (especially the *Export Market Development Grants Act 1997*) are changed to \"CEO of Austrade\"\n\n**Who it affects:**\n- Austrade staff (transferred to public service conditions)\n- Australian exporters who deal with Austrade for grants and services\n- The CEO (new appointment, full-time, with specific termination grounds including performance-based dismissal)\n\n**Why it matters:**\nThis is a significant governance reform that removes the corporate structure of Australia's trade promotion agency, bringing it directly under ministerial oversight and integrating it into the public service framework. It simplifies accountability but also changes employment conditions and decision-making authority for export grants."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Mechanically centralises authority: governance shifts from a collective Commission/Board to a single CEO (see sections 7B, 7A and repeated substitutions). The Commonwealth, via transitional rules, becomes successor in law for the old Commission’s assets and liabilities (Schedule 4 items 2–3), and many statutory powers/functions previously exercised by 'Austrade' are recast as powers of the CEO (Schedule 2 amendments). Who pays and who decides: the Minister appoints, sets some terms and may terminate the CEO (sections 51, 59); the CEO gains fee‑raising power (9B), delegation power (90(2)), staff‑engagement authority under the Public Service Act (60, 61) and discretion to act overseas (9A). Implementation and compliance costs arise from re‑naming and reallocation across multiple Acts (notably the EMDG Act), transitional vesting of assets/liabilities, and the need to reissue or interpret existing instruments and contracts (Schedule 4 items 9–11)."},"complexity_factors":["Substantial structural rewrite replacing a board/Managing Director model with a single CEO (see inserts: sections 7B, 7A, and amendments replacing 'Commission' references throughout).","New detailed appointment, tenure, remuneration, leave and termination regime for the CEO (Division 1 of Part 6; see sections 51–59).","Broad operational powers for the CEO including overseas exercise of powers (9A) and authority to charge fees (9B).","Extensive consequential amendments to the Export Market Development Grants Act 1997, replacing numerous references to 'Austrade' with 'the CEO' (Schedule 2).","Delegation and reporting changes that reassign Ministerial and agency functions (delegations at section 90; annual reporting at section 92).","Comprehensive transitional scheme vesting assets and liabilities in the Commonwealth, substituting parties in proceedings, and transferring records (Schedule 4, items 2–7, 9–13).","Cross‑referencing to other statutes and bodies (Public Service Act 1999 for staff, Remuneration Tribunal Act 1973 for pay), increasing inter‑instrument complexity.","Commencement contingencies and staged starts tied to other legislation (multiple commencement items and contingent provisions in the commencement table).","Several instruments and ministerial determinations are expressly made not to be legislative instruments, affecting review/oversight pathways (e.g. determinations in Schedule 4 items 4–6; direction non‑instrument at section 10(6))."],"plain_english_summary":"This Act restructures the Australian Trade Commission (Austrade) into a CEO‑led statutory agency: it replaces the prior board/Managing Director setup with a single Chief Executive Officer, vests staff and functions under that office, and updates related laws (notably the Export Market Development Grants Act). It affects the CEO, Commission staff, the Minister, and businesses or bodies that contract with Austrade by centralising decision‑making, creating fee‑charging and overseas powers for the CEO, and providing transitional rules for assets, liabilities and ongoing contracts."}},"importantCases":[],"_links":{"self":"/api/acts/australian-trade-commission-legislation-amendment-act-2006","history":"/api/acts/australian-trade-commission-legislation-amendment-act-2006/history","analysis":"/api/acts/australian-trade-commission-legislation-amendment-act-2006/analysis","conflicts":"/api/acts/australian-trade-commission-legislation-amendment-act-2006/conflicts","importantCases":"/api/acts/australian-trade-commission-legislation-amendment-act-2006/important-cases","documents":"/api/acts/australian-trade-commission-legislation-amendment-act-2006/documents"}}