{"id":"C2004A03226","name":"Australian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985","slug":"australian-trade-commission-transitional-provisions-and-consequential-amendments-act-1985","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"187 of 1985","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":7398,"registerId":"commonwealth-C2004A03226-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"TABLE OF PROVISIONS","sectionType":"part","heading":"TABLE OF PROVISIONS","content":"![](image.001.png)\n\nAustralian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985\n\nNo. 187 of 1985\n\n# TABLE OF PROVISIONS\n\n## PART I—PRELIMINARY\n\nSection\n\n1. Short title\n\n2. Commencement\n\n3. Expressions defined in Australian Trade Commission Act 1985\n\n4. Interpretation\n\n## PART II—REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS CONCERNING INSURANCE CORPORATION AND PROJECTS CORPORATION\n\n5. Repeal of Acts\n\n6. Saving of applications made to, and declarations concerning business of, Insurance Corporation\n\n7. National interest insurance contracts entered into, and guarantees given, by Insurance Corporation\n\n8. National interest loans entered into by Insurance Corporation\n\n9. Final report under Projects Corporation Act\n\n10. Final report and quarterly return under Insurance Corporation Act\n\n11. Transitional provisions specified in Schedule 2\n\n## PART III—STAFF\n\n12. Minister may make declarations\n\n13. Terms and conditions applicable to persons deemed to be employed by Commission\n\n14. Persons previously engaged for specified terms\n\n15. Persons to retain recreation and sick leave credits, &c.\n\n16. Application of Part IV of the Public Service Act 1922 to certain persons\n\n17. Leave of absence deemed to have been granted\n\n18. Probation","sortOrder":0},{"sectionNumber":"PART I","sectionType":"part","heading":"PRELIMINARY","content":"## PART I—PRELIMINARY\n\nSection\n\n1. Short title\n\n2. Commencement\n\n3. Expressions defined in Australian Trade Commission Act 1985\n\n4. Interpretation","sortOrder":1},{"sectionNumber":"PART II","sectionType":"part","heading":"REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS CONCERNING INSURANCE CORPORATION AND PROJECTS CORPORATION","content":"## PART II—REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS CONCERNING INSURANCE CORPORATION AND PROJECTS CORPORATION\n\n5. Repeal of Acts\n\n6. Saving of applications made to, and declarations concerning business of, Insurance Corporation\n\n7. National interest insurance contracts entered into, and guarantees given, by Insurance Corporation\n\n8. National interest loans entered into by Insurance Corporation\n\n9. Final report under Projects Corporation Act\n\n10. Final report and quarterly return under Insurance Corporation Act\n\n11. Transitional provisions specified in Schedule 2","sortOrder":2},{"sectionNumber":"PART III","sectionType":"part","heading":"STAFF","content":"## PART III—STAFF\n\n12. Minister may make declarations\n\n13. Terms and conditions applicable to persons deemed to be employed by Commission\n\n14. Persons previously engaged for specified terms\n\n15. Persons to retain recreation and sick leave credits, &c.\n\n16. Application of Part IV of the Public Service Act 1922 to certain persons\n\n17. Leave of absence deemed to have been granted\n\n18. Probation","sortOrder":3},{"sectionNumber":"TABLE OF PROVISIONS—continued","sectionType":"part","heading":"TABLE OF PROVISIONS—continued","content":"## TABLE OF PROVISIONS—continued\n\n## PART IV—ASSETS AND LIABILITIES\n\nSection\n\n19. Transfer of assets and assumption of liabilities by Commission\n\n20. Instruments\n\n21. Certificates with respect of assets, liabilities and instruments\n\n22. Exemption from taxation\n\n## PART V—AMENDMENTS OF EXPORT EXPANSION GRANTS ACT 1978\n\n23. Principal Act\n\n24. Interpretation\n\n25. Claims for grants\n\n26. Repeal of section 15 and substitution of new section—\n\n15. Australian Trade Commission\n\n27. Recovery of overpayments\n\n28. Reports\n\n29. Further amendments\n\n30. Final report by Grants Board\n\n31. Other outstanding matters under Export Expansion Grants Act 1978\n\n## PART VI—AMENDMENTS OF EXPORT MARKET DEVELOPMENT GRANTS ACT 1974\n\n32. Principal Act\n\n33. Interpretation\n\n34. Export earnings\n\n35. Residents of Australia\n\n36. Grants\n\n37. Claims for grants\n\n38. Repeal of Part III\n\n39. Convicted persons to repay grants, &c.\n\n40. Recovery of overpayments\n\n41. Repeal of sections 41 and 42\n\n42. Further amendments\n\n43. Final report by Grants Board\n\n44. Other outstanding matters under Export Market Development Grants Act 1974\n\n## PART VII—AMENDMENTS OF TRADE COMMISSIONERS ACT 1933\n\n45. Principal Act\n\n46. Title\n\n47. Short title\n\n48. Interpretation\n\n49. Appointment of Trade Representatives\n\n50. Trade Representatives who were not previously officers of Public Service\n\n51. Resignation\n\n52. Removal of Trade Representatives\n\n53. Duties of Trade Representatives\n\n54. Designation of Trade Representatives\n\n55. Trade Representatives not to engage in business\n\n56. Trade Representative may appoint officers\n\n57. Determination of conditions of service\n\n58. Trade Commissioners who do not become employees of Commission\n\n59. Terms and conditions of employment of certain Trade Commissioner Office employees\n\n## PART VIII—AMENDMENTS OF OTHER ACTS\n\n60. Amendments of other Acts\n\n## PART IX—MISCELLANEOUS\n\n61. Application of Commonwealth Employees (Redeployment and Retirement) Act 1979\n\n62. Deductions from salary\n\n63. Appropriation for financial year ending on 30 June 1986","sortOrder":4},{"sectionNumber":"PART IV","sectionType":"part","heading":"ASSETS AND LIABILITIES","content":"## PART IV—ASSETS AND LIABILITIES\n\nSection\n\n19. Transfer of assets and assumption of liabilities by Commission\n\n20. Instruments\n\n21. Certificates with respect of assets, liabilities and instruments\n\n22. Exemption from taxation","sortOrder":5},{"sectionNumber":"PART V","sectionType":"part","heading":"AMENDMENTS OF EXPORT EXPANSION GRANTS ACT 1978","content":"## PART V—AMENDMENTS OF EXPORT EXPANSION GRANTS ACT 1978\n\n23. Principal Act\n\n24. Interpretation\n\n25. Claims for grants\n\n26. Repeal of section 15 and substitution of new section—\n\n15. Australian Trade Commission\n\n27. Recovery of overpayments\n\n28. Reports\n\n29. Further amendments\n\n30. Final report by Grants Board\n\n31. Other outstanding matters under Export Expansion Grants Act 1978","sortOrder":6},{"sectionNumber":"PART VI","sectionType":"part","heading":"AMENDMENTS OF EXPORT MARKET DEVELOPMENT GRANTS ACT 1974","content":"## PART VI—AMENDMENTS OF EXPORT MARKET DEVELOPMENT GRANTS ACT 1974\n\n32. Principal Act\n\n33. Interpretation\n\n34. Export earnings\n\n35. Residents of Australia\n\n36. Grants\n\n37. Claims for grants\n\n38. Repeal of Part III\n\n39. Convicted persons to repay grants, &c.\n\n40. Recovery of overpayments\n\n41. Repeal of sections 41 and 42\n\n42. Further amendments\n\n43. Final report by Grants Board\n\n44. Other outstanding matters under Export Market Development Grants Act 1974","sortOrder":7},{"sectionNumber":"PART VII","sectionType":"part","heading":"AMENDMENTS OF TRADE COMMISSIONERS ACT 1933","content":"## PART VII—AMENDMENTS OF TRADE COMMISSIONERS ACT 1933\n\n45. Principal Act\n\n46. Title\n\n47. Short title\n\n48. Interpretation\n\n49. Appointment of Trade Representatives\n\n50. Trade Representatives who were not previously officers of Public Service\n\n51. Resignation\n\n52. Removal of Trade Representatives\n\n53. Duties of Trade Representatives\n\n54. Designation of Trade Representatives\n\n55. Trade Representatives not to engage in business\n\n56. Trade Representative may appoint officers\n\n57. Determination of conditions of service\n\n58. Trade Commissioners who do not become employees of Commission\n\n59. Terms and conditions of employment of certain Trade Commissioner Office employees","sortOrder":8},{"sectionNumber":"PART VIII","sectionType":"part","heading":"AMENDMENTS OF OTHER ACTS","content":"## PART VIII—AMENDMENTS OF OTHER ACTS\n\n60. Amendments of other Acts","sortOrder":9},{"sectionNumber":"PART IX","sectionType":"part","heading":"MISCELLANEOUS","content":"## PART IX—MISCELLANEOUS\n\n61. Application of Commonwealth Employees (Redeployment and Retirement) Act 1979\n\n62. Deductions from salary\n\n63. Appropriation for financial year ending on 30 June 1986","sortOrder":10},{"sectionNumber":"SCHEDULE 1","sectionType":"part","heading":null,"content":"## TABLE OF PROVISIONS—continued\n\n## SCHEDULE 1\n\n## REPEAL OF ACTS\n\n## SCHEDULE 2\n\n## TRANSITIONAL PROVISIONS\n\n## SCHEDULE 3\n\n## FURTHER AMENDMENTS OF CERTAIN ACTS RELATING TO REFERENCES TO GRANTS BOARD\n\n## SCHEDULE 4\n\n## AMENDMENTS OF OTHER ACTS\n\n \n\n![](image.002.png)\n\nAustralian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985\n\nNo. 187 of 1985\n\nAn Act to repeal certain Acts, to enact certain transitional provisions, to make certain amendments in consequence of the enactment of the Australian Trade Commission Act 1985, and for related purposes\n\n\\[Assented to 16 December 1985\\]\n\nBE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:\n\n# PART I—PRELIMINARY\n\nShort title\n\n1. This Act may be cited as the Australian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985.\n\nCommencement\n\n2. (1) Subject to sub-sections (2) and (3), this Act shall come into operation on the commencing day.\n\n(2) Sections 1, 2, 3, 4, 12, 19, 32 and 61 shall come into operation on the day on which this Act receives the Royal Assent.\n\n(3) The amendment made by section 34 shall be deemed to have come into operation on 20 May 1985.\n\nExpressions defined in Australian Trade Commission Act 1985\n\n3. Except as otherwise provided, expressions used in this Act have the same meaning as they have for the purposes of the Australian Trade Commission Act 1985.","sortOrder":12},{"sectionNumber":"REPEAL OF ACTS","sectionType":"part","heading":"REPEAL OF ACTS","content":"## TABLE OF PROVISIONS—continued\n\n## SCHEDULE 1\n\n## REPEAL OF ACTS\n\n## SCHEDULE 2\n\n## TRANSITIONAL PROVISIONS\n\n## SCHEDULE 3\n\n## FURTHER AMENDMENTS OF CERTAIN ACTS RELATING TO REFERENCES TO GRANTS BOARD\n\n## SCHEDULE 4\n\n## AMENDMENTS OF OTHER ACTS\n\n \n\n![](image.002.png)\n\nAustralian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985\n\nNo. 187 of 1985\n\nAn Act to repeal certain Acts, to enact certain transitional provisions, to make certain amendments in consequence of the enactment of the Australian Trade Commission Act 1985, and for related purposes\n\n\\[Assented to 16 December 1985\\]\n\nBE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:\n\n# PART I—PRELIMINARY\n\nShort title\n\n1. This Act may be cited as the Australian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985.\n\nCommencement\n\n2. (1) Subject to sub-sections (2) and (3), this Act shall come into operation on the commencing day.\n\n(2) Sections 1, 2, 3, 4, 12, 19, 32 and 61 shall come into operation on the day on which this Act receives the Royal Assent.\n\n(3) The amendment made by section 34 shall be deemed to have come into operation on 20 May 1985.\n\nExpressions defined in Australian Trade Commission Act 1985\n\n3. Except as otherwise provided, expressions used in this Act have the same meaning as they have for the purposes of the Australian Trade Commission Act 1985.","sortOrder":13},{"sectionNumber":"SCHEDULE 2","sectionType":"part","heading":null,"content":"## TABLE OF PROVISIONS—continued\n\n## SCHEDULE 1\n\n## REPEAL OF ACTS\n\n## SCHEDULE 2\n\n## TRANSITIONAL PROVISIONS\n\n## SCHEDULE 3\n\n## FURTHER AMENDMENTS OF CERTAIN ACTS RELATING TO REFERENCES TO GRANTS BOARD\n\n## SCHEDULE 4\n\n## AMENDMENTS OF OTHER ACTS\n\n \n\n![](image.002.png)\n\nAustralian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985\n\nNo. 187 of 1985\n\nAn Act to repeal certain Acts, to enact certain transitional provisions, to make certain amendments in consequence of the enactment of the Australian Trade Commission Act 1985, and for related purposes\n\n\\[Assented to 16 December 1985\\]\n\nBE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:\n\n# PART I—PRELIMINARY\n\nShort title\n\n1. This Act may be cited as the Australian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985.\n\nCommencement\n\n2. (1) Subject to sub-sections (2) and (3), this Act shall come into operation on the commencing day.\n\n(2) Sections 1, 2, 3, 4, 12, 19, 32 and 61 shall come into operation on the day on which this Act receives the Royal Assent.\n\n(3) The amendment made by section 34 shall be deemed to have come into operation on 20 May 1985.\n\nExpressions defined in Australian Trade Commission Act 1985\n\n3. Except as otherwise provided, expressions used in this Act have the same meaning as they have for the purposes of the Australian Trade Commission Act 1985.","sortOrder":14},{"sectionNumber":"TRANSITIONAL PROVISIONS","sectionType":"part","heading":"TRANSITIONAL PROVISIONS","content":"## TABLE OF PROVISIONS—continued\n\n## SCHEDULE 1\n\n## REPEAL OF ACTS\n\n## SCHEDULE 2\n\n## TRANSITIONAL PROVISIONS\n\n## SCHEDULE 3\n\n## FURTHER AMENDMENTS OF CERTAIN ACTS RELATING TO REFERENCES TO GRANTS BOARD\n\n## SCHEDULE 4\n\n## AMENDMENTS OF OTHER ACTS\n\n \n\n![](image.002.png)\n\nAustralian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985\n\nNo. 187 of 1985\n\nAn Act to repeal certain Acts, to enact certain transitional provisions, to make certain amendments in consequence of the enactment of the Australian Trade Commission Act 1985, and for related purposes\n\n\\[Assented to 16 December 1985\\]\n\nBE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:\n\n# PART I—PRELIMINARY\n\nShort title\n\n1. This Act may be cited as the Australian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985.\n\nCommencement\n\n2. (1) Subject to sub-sections (2) and (3), this Act shall come into operation on the commencing day.\n\n(2) Sections 1, 2, 3, 4, 12, 19, 32 and 61 shall come into operation on the day on which this Act receives the Royal Assent.\n\n(3) The amendment made by section 34 shall be deemed to have come into operation on 20 May 1985.\n\nExpressions defined in Australian Trade Commission Act 1985\n\n3. Except as otherwise provided, expressions used in this Act have the same meaning as they have for the purposes of the Australian Trade Commission Act 1985.","sortOrder":15},{"sectionNumber":"SCHEDULE 3","sectionType":"part","heading":null,"content":"## TABLE OF PROVISIONS—continued\n\n## SCHEDULE 1\n\n## REPEAL OF ACTS\n\n## SCHEDULE 2\n\n## TRANSITIONAL PROVISIONS\n\n## SCHEDULE 3\n\n## FURTHER AMENDMENTS OF CERTAIN ACTS RELATING TO REFERENCES TO GRANTS BOARD\n\n## SCHEDULE 4\n\n## AMENDMENTS OF OTHER ACTS\n\n \n\n![](image.002.png)\n\nAustralian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985\n\nNo. 187 of 1985\n\nAn Act to repeal certain Acts, to enact certain transitional provisions, to make certain amendments in consequence of the enactment of the Australian Trade Commission Act 1985, and for related purposes\n\n\\[Assented to 16 December 1985\\]\n\nBE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:\n\n# PART I—PRELIMINARY\n\nShort title\n\n1. This Act may be cited as the Australian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985.\n\nCommencement\n\n2. (1) Subject to sub-sections (2) and (3), this Act shall come into operation on the commencing day.\n\n(2) Sections 1, 2, 3, 4, 12, 19, 32 and 61 shall come into operation on the day on which this Act receives the Royal Assent.\n\n(3) The amendment made by section 34 shall be deemed to have come into operation on 20 May 1985.\n\nExpressions defined in Australian Trade Commission Act 1985\n\n3. Except as otherwise provided, expressions used in this Act have the same meaning as they have for the purposes of the Australian Trade Commission Act 1985.","sortOrder":16},{"sectionNumber":"FURTHER AMENDMENTS OF CERTAIN ACTS RELAT","sectionType":"part","heading":"FURTHER AMENDMENTS OF CERTAIN ACTS RELATING TO REFERENCES TO GRANTS BOARD","content":"## TABLE OF PROVISIONS—continued\n\n## SCHEDULE 1\n\n## REPEAL OF ACTS\n\n## SCHEDULE 2\n\n## TRANSITIONAL PROVISIONS\n\n## SCHEDULE 3\n\n## FURTHER AMENDMENTS OF CERTAIN ACTS RELATING TO REFERENCES TO GRANTS BOARD\n\n## SCHEDULE 4\n\n## AMENDMENTS OF OTHER ACTS\n\n \n\n![](image.002.png)\n\nAustralian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985\n\nNo. 187 of 1985\n\nAn Act to repeal certain Acts, to enact certain transitional provisions, to make certain amendments in consequence of the enactment of the Australian Trade Commission Act 1985, and for related purposes\n\n\\[Assented to 16 December 1985\\]\n\nBE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:\n\n# PART I—PRELIMINARY\n\nShort title\n\n1. This Act may be cited as the Australian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985.\n\nCommencement\n\n2. (1) Subject to sub-sections (2) and (3), this Act shall come into operation on the commencing day.\n\n(2) Sections 1, 2, 3, 4, 12, 19, 32 and 61 shall come into operation on the day on which this Act receives the Royal Assent.\n\n(3) The amendment made by section 34 shall be deemed to have come into operation on 20 May 1985.\n\nExpressions defined in Australian Trade Commission Act 1985\n\n3. Except as otherwise provided, expressions used in this Act have the same meaning as they have for the purposes of the Australian Trade Commission Act 1985.","sortOrder":17},{"sectionNumber":"SCHEDULE 4","sectionType":"part","heading":null,"content":"## TABLE OF PROVISIONS—continued\n\n## SCHEDULE 1\n\n## REPEAL OF ACTS\n\n## SCHEDULE 2\n\n## TRANSITIONAL PROVISIONS\n\n## SCHEDULE 3\n\n## FURTHER AMENDMENTS OF CERTAIN ACTS RELATING TO REFERENCES TO GRANTS BOARD\n\n## SCHEDULE 4\n\n## AMENDMENTS OF OTHER ACTS\n\n \n\n![](image.002.png)\n\nAustralian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985\n\nNo. 187 of 1985\n\nAn Act to repeal certain Acts, to enact certain transitional provisions, to make certain amendments in consequence of the enactment of the Australian Trade Commission Act 1985, and for related purposes\n\n\\[Assented to 16 December 1985\\]\n\nBE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:\n\n# PART I—PRELIMINARY\n\nShort title\n\n1. This Act may be cited as the Australian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985.\n\nCommencement\n\n2. (1) Subject to sub-sections (2) and (3), this Act shall come into operation on the commencing day.\n\n(2) Sections 1, 2, 3, 4, 12, 19, 32 and 61 shall come into operation on the day on which this Act receives the Royal Assent.\n\n(3) The amendment made by section 34 shall be deemed to have come into operation on 20 May 1985.\n\nExpressions defined in Australian Trade Commission Act 1985\n\n3. Except as otherwise provided, expressions used in this Act have the same meaning as they have for the purposes of the Australian Trade Commission Act 1985.","sortOrder":18},{"sectionNumber":"AMENDMENTS OF OTHER ACTS","sectionType":"part","heading":"AMENDMENTS OF OTHER ACTS","content":"## AMENDMENTS OF OTHER ACTS\n\n \n\n![](image.002.png)\n\nAustralian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985\n\nNo. 187 of 1985\n\nAn Act to repeal certain Acts, to enact certain transitional provisions, to make certain amendments in consequence of the enactment of the Australian Trade Commission Act 1985, and for related purposes\n\n\\[Assented to 16 December 1985\\]\n\nBE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:","sortOrder":19},{"sectionNumber":"SCHEDULE 1 Section 5","sectionType":"part","heading":"SCHEDULE 1 Section 5","content":"# SCHEDULE 1 Section 5\n\nREPEAL OF ACTS\n\nAustralian Overseas Projects Corporation Act 1978\n\nExport Finance and Insurance Corporation Act 1974\n\nExport Finance and Insurance Corporation Amendment Act 1976\n\nExport Finance and Insurance Corporation Amendment Act (No. 2) 1976\n\nExport Finance and Insurance Corporation Amendment Act 1978\n\nExport Finance and Insurance Corporation Amendment Act 1983\n\n \n\nSCHEDULE 2 Section 11\n\nTRANSITIONAL PROVISIONS\n\nPART I—REFERENCES THAT ARE TO INCLUDE REFERENCES RELATING TO INSURANCE CORPORATION ACT\n\n| Column 1Provision ofAustralian TradeCommission Act 1985 | Column 2Matter or thing referred toin Australian TradeCommission Act 1985 | Column 3Matter or thing referred toin Insurance CorporationAct |\n| ------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| Sub-sections 34 (1) and (2) | Contracts entered into, or guarantees given, under this Part | Contracts entered into or guarantees given, by the Insurance Corporation under Division 2, 3, 4, 5 or 6 of Part III of the Insurance Corporation Act |\n| Paragraph 73 (2) (a).... | Business conducted by the Commission under Part V | Business conducted by the Insurance Corporation under the Insurance Corporation Act |\n| Paragraph 73 (3) (a).... | Any liabilities incurred by the Commission under or in connection with the conduct of the business of the Commission under Part V | Any liabilities assumed by the Commission under section 19 of this Act, being liabilities originally incurred by the Insurance Corporation under or in connection with the conduct of the business of the Insurance Corporation under the Insurance Corporation Act |\n| Sub-section 73 (6)..... | All contracts of insurance and contracts of indemnity entered into, and all guarantees given, by the Commission under Part V | All contracts of insurance or contracts of indemnity entered into, and all guarantees given, by the Insurance Corporation under Division 2, 3, 4, 5 or 6 of Part III of the Insurance Corporation Act |\n| Section 75.......... | A contract of insurance or a contract of indemnity entered into, or a guarantee given, under Part V | A contract of insurance or a contract of indemnity entered into, or a guarantee given, under Division 2, 3, 4, 5 or 6 of Part III of the Insurance Corporation Act |\n| Paragraph 84 (1) (a).... | Contracts of insurance and contracts of indemnity entered into, and guarantees given, by the Commission in accordance with approvals or directions given under section 44 other than contracts in respect of which | Contracts of insurance and contracts of indemnity entered into by the Insurance Corporation in accordance with approvals given under section 20 or 35c of the Insurance Corporation Act and |\n\n \n\nSCHEDULE 2—continued\n\n| Column 1Provision ofAustralian TradeCommission Act 1985 | Column 2Matter or thing referred toin Australian TradeCommission Act 1985 | Column 3Matter or thing referred toin Insurance CorporationAct |\n| ------------------------------------------------------- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| | the Commission has, under sub-section 44 (8), informed the Minister that the Commission will bear the whole of the liability of the Commission | guarantees given by the Corporation in accordance with approvals given under section 21, 24 or 35 of that Act, other than contracts in respect of which the Corporation has, under sub-section 20 (6) or 35c (6) of that Act, informed the Minister that the Corporation will bear the whole of the liability of the Corporation |\n| Paragraph 84 (1) (b).... | Contracts of insurance entered into by the Commission under section 48, other than contracts of insurance in respect of which the Commission has, under sub-section 48 (9), informed the Minister that the Commission will bear the whole of the liability of the Commission | Contracts of insurance entered into under sub-section 32 (1) of the Insurance Corporation Act, other than contracts of insurance in respect of which the Insurance Corporation has, under sub-section 32 (2) of that Act, informed the Minister that the Corporation will bear the whole of the liability of the Corporation |\n| Sub-section 85 (1)..... | Loans made by the Commission in accordance with approvals given for the purpose of section 50, other than loans in respect of which guarantees have been given under sub-section (7) or (8) of that section or in respect of which the Commission has, under sub-section 50 (10), informed the Minister that it will provide, from sources other than the Commonwealth, the whole of the money to be lent | Loans made by the Insurance Corporation in accordance with approvals given for the purpose of section 41 of the Insurance Corporation Act, other than loans in respect of which guarantees have been given under sub-section 41 (4a) of that Act or in respect of which the Corporation has, under sub-section 41 (5) of that Act, informed the Minister that it will provide the whole of the money to be lent |\n| Paragraph 86 (1) (a) | Contracts of insurance and contracts of indemnity entered into, and guarantees given, by the Commission under Division 2 of Part V | Contracts of insurance and contracts of indemnity entered into, and guarantees given, by the Insurance Corporation under Division 2, 3, 5 or 6 of Part III of the Insurance Corporation Act |\n\n \n\nSCHEDULE 2—continued\n\n```html\n

Column 1

Provision of
Australian Trade
Commission Act 1985

Column 2

Matter or thing referred to
in Australian Trade
Commission Act 1985

Column 3

Matter or thing referred to
in Insurance Corporation
Act

Paragraph 86 (1) (b)....

Contracts of insurance entered into by the Commission under Division 3 of Part V

Contracts of insurance entered into by the Insurance Corporation under Division 4 of Part III of the Insurance Corporation Act

Sub-sections 87 (1) and (3)

Amounts of money lent by the Commission under Part V

Loans given by the Insurance Corporation under Part IV of the Insurance Corporation Act

PART II—REFERENCES THAT ARE TO INCLUDE REFERENCES RELATING TO PROJECTS CORPORATION ACT

Column 1

Provision of
Australian Trade
Commission Act 1985

Column 2

Matter or thing referred to
in Australian Trade
Commission Act 1985

Column 3

Matter or thing referred to
in Projects Corporation
Act

Sub-section 88 (1).....

Contracts to carry out the whole, or parts, of overseas development projects, being contracts that have been, or are to be, entered into—

(a) by the Commission;

(b) by a company formed by the Commission; or

(c) by a company, partnership, consortium or other business association in the formation of which the Commission has joined

Contracts to carry out the whole, or parts, of overseas development projects, being contracts that have been entered into by the Projects Corporation, or by a Corporation consortium, under the Projects Corporation Act

\n```\n\nSCHEDULE 3 Sections 29 and 42\n\nFURTHER AMENDMENTS OF CERTAIN ACTS RELATING TO REFERENCES TO GRANTS BOARD\n\nPART I—FURTHER AMENDMENTS OF EXPORT EXPANSION GRANTS ACT 1978\n\nThe following provisions of the Export Expansion Grants Act 1978 are amended by omitting “Board” (wherever occurring) and substituting “Commission”:\n\nSub-section 4 (1), paragraphs 5 (1) (c) and (2) (b), sub-sections 5 (4), (5) and 7 (2), sections 8, 9 and 10, sub-sections 11 (1), (2), 16 (1), (2), 17 (1), (2), (4), (5), (6) and 18 (1).\n\n \n\nSCHEDULE 3—continued\n\nPART II—FURTHER AMENDMENTS OF EXPORT MARKET DEVELOPMENT GRANTS ACT 1974\n\nThe following provisions of the Export Market Development Grants Act 1974 are amended by omitting “Board” (wherever occurring) and substituting “Commission”:\n\nParagraph 3a (1) (c), sub-sections 3a (2), (4), (5), 4 (1), (2), (2a), (2b), (3), (4), (5), (5a), (5b), (6), (7), (8) and 5 (1), sections 19 and 20, sub-sections 38 (1), (2), (3), (5), (6), (7), (8), (9), (10), 39 (1), 40a (1), (1a), (2), (4), (5), (6) and 40aa (1) and (2), section 40b and sub-section 40c (1).\n\n—————\n\nSCHEDULE 4 Section 60\n\nAMENDMENTS OF OTHER ACTS\n\nAudit Act 1901\n\nParagraph 48a (2) (c)—\n\n(a) Omit “Commissioners and Assistant Trade Commissioners”, substitute “Representatives”.\n\n(b) Omit “and Resources”.\n\nSub-section 70aa (1) (paragraph (d) of the definition of “officer”)—\n\nOmit “Commissioner or Assistant Trade Commissioner under the Trade Commissioners Act 1933”, substitute “Representative under the Trade Representatives Act 1933”.\n\nSub-section 70aa (1) (paragraph (e) of the definition of “Permanent Head”)—\n\n(a) Omit “Commissioner or Assistant Trade Commissioner”, substitute “Representative”.\n\n(b) Omit “and Resources”.\n\nConsular Fees Act 1955\n\nSection 2 (paragraph (d) of the definition of “Australian Consular Officer”)—\n\nOmit “Trade Commissioner”, substitute “Trade Representative”.\n\nExport Market Development Grants Amendment Act 1985\n\nSub-sections 24 (1), (2) and (3)—\n\nOmit “Board” (wherever occurring), substitute “Commission”.\n\nSub-section 24 (4)—\n\nOmit ‘ “Board”‘, substitute ‘ “Commission”.\n\nSub-section 25 (2)—\n\nOmit “Board”, substitute “Commission”.\n\nSub-section 25 (3)—\n\nOmit ‘ “Board”‘, substitute ‘ “Commission” ’.\n\nFreedom of Information Act 1982\n\nSchedule 2 (Part I)—\n\n(a) Omit “Australian Overseas Projects Corporation”.\n\n(b) Omit “Export Finance and Insurance Corporation”. \n\nSCHEDULE 4—continued\n\nSchedule 2 (Part II)—\n\nAfter the item relating to the Australian Telecommunications Commission insert the following item:\n\n“Australian Trade Commission, in relation to documents in respect of its activities concerning the provision of insurance, guarantees and financing facilities and concerning the carrying out, in whole or in part, of overseas development projects”.\n\nInsurance Act 1973\n\nParagraph 5 (2) (c)—\n\nOmit the paragraph, substitute the following paragraph:\n\n“(c) the Australian Trade Commission established by section 7 of the Australian Trade Commission Act 1985”.\n\nInsurance Contracts Act 1984\n\nParagraph 9 (1) (c)—\n\nOmit “the Export Finance and Insurance Corporation”, substitute “the Australian Trade Commission”.\n\nMerit Protection (Australian Government Employees) Act 1984\n\nSub-paragraph 85 (2) (k) (vi)—\n\nOmit “Commissioners”, substitute “Representatives”.\n\nPublic Service Act 1922\n\nParagraph 22b (14) (f)—\n\nOmit “Commissioners”, substitute “Representatives”.\n\nParagraph 22c (13) (f)—\n\nOmit “Commissioners”, substitute “Representatives”.\n\nRemuneration Tribunals Act 1973\n\nParagraph 3 (4) (I)—\n\nOmit “Trade Commissioners Act 1933-1973”, substitute “Trade Representatives Act 1933”.\n\nNOTES\n\n> Note: 1\\. No. 162, 1978, as amended. For previous amendments, see No. 119, 1981.\n\n> Note: 2\\. No. 154, 1974, as amended. For previous amendments, see Nos. 36 and 192, 1978; Nos. 74 and 119, 1981; No. 157, 1982; and Nos. 65 and 110, 1985.\n\n> Note: 3\\. No. 74, 1933, as amended. For previous amendments, see No. 64, 1936; No. 216, 1973; No. 170, 1978; and No. 65, 1985.\n\n \n\n\\[Minister’s second reading speech made in—\n\nHouse of Representatives on 12 November 1985\n\nSenate on 2 December 1985\\]","sortOrder":29}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act does exactly what its title and preamble promise: it repeals the predecessor Acts, manages the transition of staff, assets, and liabilities to the new Australian Trade Commission, and makes consequential amendments to related legislation. There is no evidence of scope creep beyond these stated purposes. The amendments to the Trade Commissioners Act (renaming Trade Commissioners to Trade Representatives) are a natural consequential change flowing from the restructure."},"complexity_factors":["Amends multiple separate Acts simultaneously (Export Market Development Grants Act 1974, Export Expansion Grants Act 1978, Trade Commissioners Act 1933, and numerous others listed in Schedule 4)","Multiple predecessor bodies being wound up simultaneously, each with their own legislative framework requiring separate transitional treatment","Staggered commencement dates — different sections commence on different days, including one provision with retrospective effect back to 20 May 1985","Complex cross-referencing structure where the Act constantly refers to provisions in the parent Australian Trade Commission Act 1985, requiring readers to consult that Act to understand this one","Schedule 2 uses a three-column cross-reference table to map old Insurance Corporation Act provisions to new Australian Trade Commission Act provisions — technically dense and easy to misread","Employment transitional provisions involve multiple categories of staff (public servants, Insurance Corporation staff, Projects Corporation staff, Trade Commissioners, Trade Commissioner Office employees) each with subtly different treatment","Asset and liability transfer provisions include specific carve-outs (e.g. 'fixed assets' defined separately) and two separate transfer dates (commencing day and 1 July 1986)","Appropriation provisions interact with two separate Appropriation Acts and require the Finance Minister to make written determinations to adjust those Acts' figures","Retrospective amendment in section 34 (deemed to have commenced 20 May 1985, before the Act itself was passed)","Legal fiction provisions (deeming boards to 'continue in existence' solely for report-writing purposes) create temporary parallel legal entities"],"plain_english_summary":"## What this Act does\n\nThis is a **housekeeping Act** — it manages the legal plumbing needed when the Australian government created a new body called the **Australian Trade Commission** (also known as Austrade) in 1985.\n\nThink of it like a business merger or restructure: when you combine several organisations into one, you need to sort out what happens to all the old contracts, employees, debts, property, and legal paperwork. That's exactly what this Act does.\n\n## Who were the old bodies?\n\nBefore Austrade existed, three separate bodies handled Australia's trade-related activities:\n- The **Export Finance and Insurance Corporation** (handled trade insurance and loans)\n- The **Australian Overseas Projects Corporation** (helped Australian businesses win overseas construction and development contracts)\n- The **Export Development Grants Board** (administered grants to help Australian exporters break into overseas markets)\n\nThis Act **abolishes** those bodies and transfers everything to the new Commission.\n\n## What specifically does it deal with?\n\n**Staff** — Employees of the old bodies automatically became employees of Austrade. They kept their existing pay and conditions, leave balances, and length-of-service entitlements. Nobody lost their job through the transition.\n\n**Assets and debts** — All property, money, investments, and debts of the old bodies transferred to Austrade on day one (the 'commencing day'). This included things like insurance policies already written, loans already made, and overseas contracts already signed.\n\n**Existing contracts and applications** — If someone had applied for trade insurance, a loan, or an export grant before the switch-over but hadn't received an answer yet, their application was automatically treated as if it had been submitted to Austrade. Nothing fell through the cracks.\n\n**Legal documents** — Any contracts or legal instruments that mentioned the old bodies were automatically read as referring to Austrade instead, so businesses didn't need to re-sign everything.\n\n**Export grants laws** — Two major grants programs (the *Export Market Development Grants Act 1974* and the *Export Expansion Grants Act 1978*) were updated to replace all references to the old Grants Board with references to the new Commission.\n\n**Trade Representatives** — The old 'Trade Commissioner' role was renamed 'Trade Representative,' and the relevant Act was updated throughout to reflect this.\n\n**Final reports** — The old boards were kept technically alive just long enough to write their final annual reports covering their last period of operation, then wound up.\n\n**Tax exemption** — Documents produced as part of the transfer were exempt from stamp duty and other taxes, so the government didn't pay tax on its own restructure.\n\n**Funding** — $142 million was appropriated (set aside from public money) for Austrade's first year of operation, including $88.5 million for export market development grants.\n\n## Who does this affect?\n\n- **Australian exporters** who had existing grant applications, insurance policies, or loans — their arrangements continued seamlessly\n- **Former employees** of the old bodies — automatically employed by Austrade with their entitlements protected\n- **Overseas businesses** that had contracts with the old bodies — those contracts remained valid\n- **Austrade itself** — inherited all the rights, obligations, and functions of three predecessor organisations"},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"Section 2(1) and Section 2(2)","severity":"medium","reasoning":"Section 2(1) relies on 'commencing day' which is defined in the Australian Trade Commission Act 1985 via section 3, but section 3 itself commences on Royal Assent under section 2(2). While section 2(2) saves sections 1-4 from the circularity, the operative provisions governed by section 2(1) depend on a term ('commencing day') whose importation mechanism (section 3) also commences on Royal Assent — creating a potential gap where 'commencing day' may be undefined as at the time of Royal Assent if the Australian Trade Commission Act 1985 had not itself commenced.","confidence":0.65,"description":"Section 2(1) states the Act comes into operation on 'the commencing day', but Section 2(2) provides that sections 1, 2, 3, 4, 12, 19, 32 and 61 come into operation on the day of Royal Assent. This creates a bootstrapping problem: section 2 itself (which defines when the Act commences) operates from Royal Assent, but section 2(1) purports to govern the commencement of the rest of the Act by reference to 'the commencing day' — a term defined in the Australian Trade Commission Act 1985. If the Act has not yet commenced, it cannot incorporate definitions from that Act, yet section 3 (which imports those definitions) only commences on Royal Assent under s2(2). The definition of 'commencing day' is therefore unavailable until section 3 operates, yet section 2(1) relies on it."},{"type":"retroactive_impossibility","section":"Section 2(3)","severity":"medium","reasoning":"Retrospective commencement of a substantive amendment creating new legal rights (airport eligibility for export earnings) predates the Act's existence. Claimants whose airport-related activities fell between 20 May and 16 December 1985 may have had claims wrongly refused, but the transitional provisions in sections 31 and 44 only address matters pending before the commencing day (not Royal Assent minus 7 months), leaving no clear mechanism to reopen those decisions.","confidence":0.72,"description":"Section 34 is deemed to have come into operation on 20 May 1985 — approximately seven months before the Act received Royal Assent on 16 December 1985. Section 34 amends the Export Market Development Grants Act 1974 by inserting 'or airport' after 'port' in subparagraph 3(3)(a)(ii). This retroactive amendment alters substantive law (eligibility criteria for export grants) for a period predating the existence of the amending Act itself, meaning grant decisions made between 20 May 1985 and 16 December 1985 under the unamended provision may have been legally incorrect under the retrospectively amended law, with no mechanism provided to revisit those decisions."},{"type":"impossible_compliance","section":"Section 9(1) and Section 9(2)","severity":"medium","reasoning":"Keeping a statutory board 'in existence' after repealing its enabling Act without re-enacting the procedural rules governing its operation (quorum, voting, conflict of interest, member tenure) means the board cannot lawfully conduct its business. Section 9(3) provides for remuneration but does not address the legal framework for the board's decision-making processes.","confidence":0.68,"description":"Section 9(1) provides that the Board of the Australian Overseas Projects Corporation 'shall continue in existence' notwithstanding repeal of the Projects Corporation Act, for the purpose of preparing and furnishing a final report. However, the Projects Corporation Act is repealed by section 5 on the commencing day, meaning the Board's legal authority, powers, quorum rules, decision-making procedures, and member tenure all cease to exist. The Board is kept alive for a functional purpose but stripped of the legal framework that defines how it operates, creating an entity of indeterminate legal character."},{"type":"other","section":"Section 10(1)(b) and Section 10(3)","severity":"low","reasoning":"The section attempts to assimilate a variable-length reporting period (1 October 1985 to immediately before the commencing day) to a fixed 3-month period ending 31 December, but if the commencing day is not 31 December 1985, the deeming provision creates a fictional period that does not correspond to the actual period, potentially causing confusion in the application of section 89 of the repealed Insurance Corporation Act.","confidence":0.55,"description":"Section 10(1)(b) keeps the Insurance Corporation 'in existence' solely for the purpose of forwarding the quarterly return under section 89 of the Insurance Corporation Act. Section 10(3) treats the final period as ending 'immediately before the commencing day' and deems it to be 'a period of 3 months ending on 31 December'. However, the commencing day is not defined in this Act (it imports from the Australian Trade Commission Act 1985) and may or may not fall on 31 December, making the deeming fiction potentially inconsistent with the actual period being reported on."},{"type":"impossible_compliance","section":"Section 13","severity":"low","reasoning":"The absence of any time limit or enforcement mechanism for the Commission to make a proper determination under section 60 of the Australian Trade Commission Act 1985 means the 'pending' arrangement could persist indefinitely. While practically unlikely, the legislative mechanism provides no remedy for employees if the Commission fails to act.","confidence":0.6,"description":"Section 13 deems the Commission to have determined terms and conditions of employment for transferred employees 'pending the making of such a determination of new terms and conditions'. This creates an indefinite interim arrangement with no sunset provision, deadline, or consequence for failing to make a new determination. The Commission could theoretically never make a new determination, leaving transferred employees permanently on their old terms without any mechanism to compel action."},{"type":"other","section":"Section 43(1) — cross-reference to 'section 41 of this Act'","severity":"low","reasoning":"This is a drafting coincidence rather than a logical flaw, but it creates genuine ambiguity in a legal instrument where precision is required. A court or administrator reading section 43(1) must determine from context which 'section 41' is being referenced in each instance, which is an avoidable interpretive burden.","confidence":0.7,"description":"Section 43(1) states 'Notwithstanding the repeal of section 41 of the Principal Act by section 41 of this Act'. This creates an ambiguous cross-reference where 'section 41' refers to two entirely different provisions — section 41 of the Export Market Development Grants Act 1974 (the repealed provision) and section 41 of this Act (the repealing provision). While context resolves the ambiguity, the identical numbering creates a drafting absurdity where a section repeals another section of the same number, and then a third section must refer to both simultaneously."},{"type":"retroactive_impossibility","section":"Section 63(3)","severity":"medium","reasoning":"Retroactively reducing appropriations in another Act for a past period raises constitutional concerns about the validity of expenditures made during that period and creates an impossible compliance scenario: agencies that spent money under the unmodified Appropriation Act subdivisions between 1 July and 16 December 1985 cannot retroactively have been spending under a reduced appropriation without potentially having exceeded their actual (retrospectively reduced) authority.","confidence":0.67,"description":"Section 63(3) allows the Minister for Finance to deem, 'with effect from 1 July 1985', that amounts in specified Appropriation Act subdivisions were reduced — even though this Act was assented to on 16 December 1985. This retroactively alters the legal effect of a separate statute (the Appropriation Act (No.1) 1985-86) for a period of approximately 5.5 months before the amending Act existed, potentially rendering expenditures made under those subdivisions between 1 July and 16 December 1985 as having been made under a differently appropriated authority than was legally in force at the time."}],"contradictions":[{"severity":"low","section_a":"Section 2(1)","section_b":"Section 2(2)","confidence":0.55,"description":"Section 2(1) states that the Act (subject to subsections (2) and (3)) comes into operation on 'the commencing day'. Section 2(2) carves out specified sections as commencing on Royal Assent. However, section 2 itself is listed in section 2(2) as commencing on Royal Assent, meaning the commencement provision operates from two different dates simultaneously — once on Royal Assent (for itself and listed sections) and once on the commencing day (for all other provisions). This creates an internal inconsistency in the temporal operation of the section that governs its own operation."},{"severity":"medium","section_a":"Section 5 (and Schedule 1)","section_b":"Sections 9(1), 9(2), 10(1)(a), 10(1)(b)","confidence":0.72,"description":"Section 5 repeals the Projects Corporation Act and the Insurance Corporation Act (via Schedule 1) on the commencing day. Sections 9 and 10 simultaneously keep the Boards and the Insurance Corporation 'in existence' and apply the repealed Acts' provisions 'as if those sub-sections had not been repealed'. This creates a direct contradiction: the Acts are repealed absolutely by section 5, but sections 9 and 10 treat them as partially unrepealed. While transitional savings provisions are standard legislative technique, the unconditional repeal in section 5 without a savings rider creates a textual contradiction."},{"severity":"low","section_a":"Section 12(1)","section_b":"Section 12(4)","confidence":0.58,"description":"Section 12(1) gives the Minister a discretionary power to declare classes of 'relevant persons' (defined in s12(6) as APS officers and employees performing duties in the Department) as employed by the Commission from the commencing day or a later day. Section 12(4) operates automatically and mandatorily, deeming officers and employees of the Insurance Corporation and Projects Corporation to be employed by the Commission from the commencing day without any Ministerial declaration. This creates two parallel and potentially overlapping regimes: if a person falls within both section 12(1) (as a departmental APS employee who also worked for the Insurance Corporation) and section 12(4), it is unclear which provision governs and whether the terms and conditions applicable under section 13 are determined by reference to the Ministerial declaration or automatically."},{"severity":"low","section_a":"Section 18(1)","section_b":"Section 18(2)","confidence":0.5,"description":"Section 18(1) states that 'all persons' deemed to be employed by the Commission pursuant to section 12 shall be deemed NOT to be on probation. Section 18(2) then lists specific categories of persons who SHALL be taken to be on probation. The opening words of section 18(1) — 'Subject to sub-section (2)' — resolve the formal contradiction, but the structure creates an internal logical tension: section 18(1) makes a universal statement that is immediately undermined by section 18(2), which carves back a significant class. The 'subject to' qualifier is easily overlooked and the two subsections pull in opposite directions."},{"severity":"medium","section_a":"Section 19(1)(f)","section_b":"Section 19(4)","confidence":0.63,"description":"Section 19(1)(f) transfers Commonwealth liabilities to the Commission automatically by force of the section on the commencing day. Section 19(4) then requires the Commission to indemnify the Commonwealth against all claims in respect of those liabilities. This creates a potential circularity: the Commonwealth's liability is transferred to the Commission, but if the transfer is legally challenged or ineffective in relation to a third party (who may only have contracted with the Commonwealth), the Commonwealth remains exposed and must be indemnified by the Commission — meaning the Commission may end up bearing the same liability twice: once as the assumed liability and once via the indemnity."},{"severity":"medium","section_a":"Section 59(2)","section_b":"Section 59(3)(a)","confidence":0.67,"description":"Section 59(2) deems Trade Commissioner Office employees to be appointed under section 10 of the 'Trade Representatives Act 1933' (the renamed Act). Section 59(3)(a) provides that references in their terms and conditions to 'the Australian Government Trade Commission or to the Commission shall be construed as references to the Minister'. This creates a contradiction: these employees are appointed under an Act that places them within the Commission's employment framework (section 10 of the Trade Representatives Act gives Trade Representatives the power to appoint officers), yet their terms and conditions treat their employer as the Minister rather than the Commission or the Trade Representative. This leaves their actual employer legally ambiguous."},{"severity":"medium","section_a":"Section 31(5)","section_b":"Section 44(5)","confidence":0.75,"description":"Both sections 31(5) and 44(5) provide that references in regulations to 'the Export Development Grants Board' shall be construed as references to 'the Commission'. However, the body whose regulations are being addressed is the 'Export Expansion Grants Board' (under the Export Expansion Grants Act 1978) and the 'Export Market Development Grants Board' (under the Export Market Development Grants Act 1974) — neither of which is called the 'Export Development Grants Board'. The reference to 'Export Development Grants Board' appears to be an error that fails to match the actual name of either body being transitioned, potentially leaving the regulatory references unaddressed."}]},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the transition from the old export finance and grants bodies to the new Australian Trade Commission. While it touches many other Acts, these are purely consequential amendments (changing 'Board' to 'Commission' or repealing redundant provisions). There is no significant expansion beyond the machinery of transition."},"complexity_factors":["Extensive cross-referencing: The Act constantly refers to provisions in the Australian Trade Commission Act 1985, Insurance Corporation Act, Projects Corporation Act, and multiple other Acts being amended.","Multiple commencement dates: Different sections start on Royal Assent, the 'commencing day', or are deemed to have started on 20 May 1985 (retrospective operation).","Nested transitional provisions: Schedule 2 contains a complex table mapping old statutory references to new ones across two different repealed Acts.","Staffing complexity: Part III deals with multiple categories of employees (Public Service, Insurance Corporation, Projects Corporation, Trade Commissioners, Trade Commissioner Office employees) each with different prior terms and conditions.","Conditional logic for assets/liabilities: Section 19 has staged transfers (some on commencing day, some on 1 July 1986) and requires Ministerial identification in writing.","Survival of old bodies for reporting: Sections 9, 10, 30, and 43 keep the old Boards technically alive just to file final reports after repeal.","Appropriation machinery: Section 63 includes complex redirection provisions allowing the Finance Minister to shift money between budget divisions."],"plain_english_summary":"This legislation is the 'clean-up' act that made the creation of the Australian Trade Commission (Austrade) actually work in practice. It abolished three old government bodies—the Export Finance and Insurance Corporation, the Australian Overseas Projects Corporation, and the Export Development Grants Board—and transferred their staff, assets, debts, and ongoing work to the new Commission.\n\n**What it does:**\n- **Winds up old agencies:** Repeals the laws that created the Insurance Corporation and Projects Corporation, plus several amendment acts.\n- **Transfers the books:** Moves all assets, liabilities, contracts, and insurance policies from the old corporations to the new Commission on a specific 'commencing day'.\n- **Protects staff:** Public servants and employees from the old bodies automatically become employees of the new Commission without losing their leave entitlements, seniority, or probation status. It also covers Trade Commissioners (renamed 'Trade Representatives') and their office staff.\n- **Keeps the lights on:** Ensures that grant applications, insurance claims, and loans already in progress under the old systems can be completed under the new Commission.\n- **Updates other laws:** Goes through the *Export Expansion Grants Act 1978*, *Export Market Development Grants Act 1974*, and *Trade Commissioners Act 1933* (renaming it the *Trade Representatives Act*), replacing references to the old 'Boards' and 'Corporations' with the new 'Commission'.\n- **Money:** Appropriates over $142 million for the Commission's first financial year, including funds for export grants and subsidies.\n\n**Who it affects:**\n- Public servants and staff transferring from the old export and finance agencies.\n- Australian exporters who deal with grants, insurance, or loans.\n- Trade Representatives (formerly Trade Commissioners) posted overseas.\n\n**Why it matters:**\nWithout this Act, the Australian Trade Commission Act 1985 would have created a new body with no staff, no money, no records, and no legal continuity. This Act ensures a seamless handover so that Australia's export promotion and finance operations didn't miss a beat."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act changes the legal and administrative scope of export finance, insurance, guarantees and overseas projects functions by repealing the Export Finance and Insurance Corporation Act and the Australian Overseas Projects Corporation Act (section 5; Schedule 1) and consolidating those functions, assets and liabilities into the Australian Trade Commission (sections 19–21). It also replaces statutory references to the previous Grants Board(s) and Trade Commissioners across numerous statutes so that the Commission and newly defined Trade Representatives assume responsibility for claims, grants, reporting and related powers (Parts V–VII; Schedules 2–4). The change is effected by transfers of staff (section 12), assets and liabilities (section 19), deemed continuations of contracts and instruments (section 20), and detailed consequential amendments to many Acts (section 60; Schedules 3–4)."},"complexity_factors":["Extensive cross-references and consequential amendments to multiple existing Acts and schedules (Parts V–VIII; Schedules 2–4).","Multiple transitional and deemed provisions preserving pre-existing applications, declarations and contracts (sections 6–11, 25, 31, 37, 44).","Transfer of assets and liabilities with phased timing and ministerial identification (section 19(1) and 19(2)).","Ministerial and Minister for Finance discretions affecting scope and timing of transfers and repayment terms (sections 12, 19(2)–(3), 63(3)).","Staff transition rules that preserve existing terms, leave credits and probation status while allowing the Commission to set future terms (sections 12–18, 13).","Deeming of contracts and instruments to remain in force but with substituted references (section 20) and court‑evidence certificates (section 21).","Specific appropriation and funding reallocations with conditional reallocation mechanisms (section 63).","Final reporting and winding‑up duties that continue boards for limited purposes, creating short‑term dual governance arrangements (sections 9–10, 30, 43)."],"plain_english_summary":"What this Act does (mechanically)\n\n- Repeals several existing export, insurance and projects statutes and moves their functions, assets, liabilities and staff into a single new body called the Australian Trade Commission (the Commission) (see section 5; Schedule 1; sections 19–21). \n- Preserves and continues unfinished business started under the old bodies so those matters are dealt with by the Commission (see sections 6–11, 25, 31, 37, 44). \n- Allows the Minister to declare classes of persons to be employees of the Commission (section 12) and sets out how existing terms and leave entitlements, probation status and specified-term appointments carry over pending any new determinations (sections 13–18). \n- Transfers particular assets and liabilities on the commencing day or on 1 July 1986 as specified by the Minister(s) (section 19). Money and investments from the old Export Finance and Insurance Corporation are treated as standing to the credit of the Fund established for the Commission (section 19(5)–(6)). \n- Keeps existing instruments and contracts in force but treats references to the old bodies as references to the Commission (section 20), and provides a simple, official certificate process to identify transferred assets, liabilities and instruments for courts and agencies (section 21). \n- Exempts instruments and documents made under this Act from stamp duty and other taxation under Commonwealth, State or Territory law (section 22). \n- Makes targeted consequential amendments across a range of Acts to replace references to the old boards/corporations with the Commission, to rename “Trade Commissioners” as “Trade Representatives”, and to adjust grant, reporting and claims procedures so the Commission, not the old boards, handles them (Parts V–VII; section 60; Schedules 2–4). \n- Provides transitional reporting requirements and wind‑up duties for the boards that continue only for the purpose of producing final reports and returns (sections 9–10, 30, 43). \n- Appropriates a specified sum from the Consolidated Revenue Fund to the Commission for the 1985–86 year and authorises the Minister for Finance to reallocate specified appropriations to match transferred functions (section 63).\n\nWho pays, who decides, and what changes in behaviour\n\n- Who pays: the Commonwealth funds the Commission (appropriation in section 63). The Commission takes responsibility for paying liabilities that transfer to it (section 19(6)). The Commission must also indemnify the Commonwealth for transferred liabilities (section 19(4)). \n- Who decides: the Minister has several discretions relevant to transition—declaring classes of staff to be employed by the Commission (section 12), identifying Commonwealth assets and liabilities to be transferred (section 19(1)(c),(f)), and approving final report forms and remuneration for board members during wind‑up (sections 9(2)–(3), 10(2)–(4), 30(3)). The Minister for Finance is empowered to specify certain transfers on 1 July 1986 (section 19(2)) and to determine repayment and interest terms for amounts formerly constituting capital of the Insurance Corporation (section 19(3)). The Commission itself decides new employment terms under the Australian Trade Commission Act 1985 framework (section 13). \n- Behavioural change: administrative, legal and operational responsibility for insurance, guarantees, export finance and overseas projects shifts from multiple statutory bodies (Export Finance and Insurance Corporation, Projects Corporation, Grants Boards) to the Commission. Parties making grant claims, insurance applications or loan arrangements will interact with the Commission rather than the repealed bodies (see sections 6, 11, 25, 31, 37, 44). Existing contracts and instruments continue but operate with the Commission as the relevant body (sections 20–21).\n\nWhy it matters (claimed purpose and trade-offs)\n\n- The instrument’s stated effect is to consolidate export finance, insurance and project functions into the Australian Trade Commission and to tidy up legal continuity and references across a range of statutes (see long title; Parts II–VIII). That is an explicit implementation purpose in the text. \n- Trade-offs and costs visible in the text: the Commission assumes existing liabilities (section 19(1)(d)–(e), (3)) and indemnifies the Commonwealth for them (section 19(4)), which concentrates ongoing financial risk within the Commission and requires the Commission to allocate fund resources to pay older liabilities as they fall due (section 19(6)). The appropriation in section 63 transfers public money to enable the Commission’s functions for 1985–86; the Minister for Finance can reallocate existing appropriations to align with transferred functions (section 63(3)–(4)). \n- Implementation mechanism and compliance burden: the Act uses many deeming and transitional provisions so existing rights, claims, leave credits and incomplete matters are preserved (sections 6, 11, 13–18, 25, 31, 37, 44). That reduces the need for parties to refile matters but requires ministries and the Commission to identify transferred assets and liabilities in writing (section 19) and to undertake a set of final reporting and return tasks (sections 9–10, 30, 43). The Commission must also determine new employment terms for transferred staff where not immediately specified (section 13), which creates administrative work and potential negotiation points.\n\nDiscretion, burdens and risks highlighted in the text\n\n- Concentrated benefits and costs: the Commission inherits specific assets and revenue streams (section 19(1)(a)–(c), (5)) and the appropriation provides sizeable funding for grants and subsidies (section 63(1)). The Commission also assumes liabilities and repayment obligations (section 19(3), (6)), concentrating financial exposure. \n- Ministerial and Minister for Finance discretion: identifying which Commonwealth assets and liabilities transfer (section 19(1)(c),(f), 19(2)), declaring staff to be employed by the Commission (section 12), and setting remuneration for members retained for final reports (sections 9(3), 10(4), 30(3), 43(3)) are significant exercise points of executive discretion. \n- Legal continuity mechanisms reduce litigation risk but create interpretation demands: contracts and instruments are continued and reinterpreted to refer to the Commission (section 20), and authorised‑officer certificates are prima facie evidence in courts (section 21). Those devices rely on accurate administrative identification; misidentification could produce disputes. \n- Retroactive timing: one amendment is expressly deemed to take effect earlier than assent (section 2(3)), and multiple provisions read old references into new statutory language (section 11; Schedule 2), so administrators and external parties must track retroactive or retrospective application points. \n- Transaction costs: an exemption from stamp duty and other taxes for instruments connected to the operation of the Act (section 22) lowers immediate transaction costs for those documents.\n\nNet operational effect (mechanics, not judgement)\n\n- The Act centralises a set of export‑related insurance, guarantee and finance functions into the Australian Trade Commission, preserves unfinished business under existing instruments, prescribes staff transfer and employment continuity rules, transfers assets and liabilities (subject to ministerial identifications), and updates many other Acts so that the Commission — rather than the repealed bodies — administers the relevant schemes and claims. Implementation relies on ministerial identification, Commission determinations of employment terms and continued administrative action to produce required final reports and to manage transferred assets and liabilities (sections 12, 13, 19, 9, 10, 30, 43)."}},"importantCases":[],"_links":{"self":"/api/acts/australian-trade-commission-transitional-provisions-and-consequential-amendments-act-1985","history":"/api/acts/australian-trade-commission-transitional-provisions-and-consequential-amendments-act-1985/history","analysis":"/api/acts/australian-trade-commission-transitional-provisions-and-consequential-amendments-act-1985/analysis","conflicts":"/api/acts/australian-trade-commission-transitional-provisions-and-consequential-amendments-act-1985/conflicts","importantCases":"/api/acts/australian-trade-commission-transitional-provisions-and-consequential-amendments-act-1985/important-cases","documents":"/api/acts/australian-trade-commission-transitional-provisions-and-consequential-amendments-act-1985/documents"}}