{"id":"C2004A05142","name":"Export Market Development Grants (Repeal and Consequential Provisions) Act 1997","slug":"export-market-development-grants-repeal-and-consequential-provisions-act-1997","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"44 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":27196,"registerId":"commonwealth-C2004A05142-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title [see Note 1]","content":"##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Export Market Development Grants (Repeal and Consequential Provisions) Act 1997.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"##### 2 Commencement\n\n  This Act commences on 1 July 1997.","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"Repeal and amendments","content":"## Part 2—Repeal and amendments","sortOrder":3},{"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3 Schedule(s)\n\n  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its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":4},{"sectionNumber":"Part 3","sectionType":"part","heading":"Transitional provisions","content":"## Part 3—Transitional provisions","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"##### 4 Interpretation\n\n  (1) In this Part:\n\n> new Act means the Export Market Development Grants Act 1997.\n\n  (2) Unless the contrary intention appears, expressions used in this Part that are also used in the new Act have in this Part the same meaning as in that Act.","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Approved body etc. under the repealed Act to continue to exist","content":"##### 5 Approved body etc. under the [Repealed] Act to continue to exist\n\n  (1) An approval of a person as an approved body under section 40B of the repealed Act that had effect immediately before 1 July 1997:\n    (a) continues to have effect on and after that day, and may be varied and cancelled, as if it were an approval of the person as an approved body under section 89 of the new Act; and\n    (b) continues to have effect until:\n    (i) the third anniversary of the approval; or\n    (ii) if the third anniversary of the approval occurs or has occurred before the day 3 months after the commencement of this subparagraph—that day;\n    (unless cancelled sooner).\n  (2) An approval of a person as a trading house under section 40BA of the repealed Act that had effect immediately before 1 July 1997:\n    (a) continues to have effect on and after that day, and may be varied and cancelled, as if it were an approval of the person as a trading house under section 89 of the new Act; and\n    (b) unless sooner cancelled, continues so to have effect until the day on which it would have ceased to be in force under the repealed Act if that Act had not been repealed.\n  (3) An approval of a group of persons as an approved joint venture or approved consortium under section 40BD of the repealed Act that had effect immediately before 1 July 1997:\n    (a) continues to have effect on and after that day, and may be varied and cancelled, as if it were an approval of the group as a joint venture under section 89 of the new Act; and\n    (b) unless sooner cancelled, continues so to have effect until the day on which it would have ceased to be in force under the repealed Act if that Act had not been repealed.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Guidelines relating to approved trading houses etc.","content":"##### 6 Guidelines relating to approved trading houses etc.\n\n  Any guidelines under section 41 or 42 of the repealed Act that had effect immediately before 1 July 1997 continue to have effect on and after that day, and may be varied and revoked, as if they were guidelines made under paragraph 101(1)(c) of the new Act.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Application for approval as a trading house etc.","content":"##### 7 Application for approval as a trading house etc.\n\n  (1) Any application for approval as a trading house, as a joint venture or consortium, or as an approved body, under the repealed Act that was pending when that Act was repealed, is taken, for the purposes of the new Act, to be an application for approval as a trading house, as a joint venture or as an approved body (as the case may be) made under section 88 of the new Act on 1 July 1997.\n  (2) Any questions asked by Austrade before 1 July 1997 of the person that made the application under the repealed Act, and any answers to those questions given before that date, are taken to be questions asked and answers given on 1 July 1997 for the purposes of the application that is taken to have been made under section 88 of the new Act.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Cancellation of approval as trading house etc.","content":"##### 8 Cancellation of approval as trading house etc.\n\n  (1) An invitation under paragraph 40BC(2)(c) or 40BG(2)(c) of the repealed Act to make a written submission to Austrade within a period that ends on or after 1 July 1997 is taken to be an invitation issued on that day under paragraph 91(1)(b) of the new Act.\n  (2) Any submission received by Austrade before 1 July 1997 as a result of any invitation referred to in subsection (1) is to be treated as a submission received on 1 July 1997 for the purposes of section 91 of the new Act.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Determination limiting the number of approved joint ventures of which a person may be a member","content":"##### 9 Determination limiting the number of approved joint ventures of which a person may be a member\n\n  A determination under section 40BH of the repealed Act that had effect immediately before 1 July 1997 continues to have effect on and after that day, and may be varied and revoked, as if it were a determination made under section 92 of the new Act.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Registration for purposes of new Act","content":"##### 10 Registration for purposes of new Act\n\n  (1) If a person was registered under section 13I of the repealed Act for the grant year commencing on 1 July 1996, the person is taken to be registered for the purposes of the new Act under section 19 of that Act.\n  (2) If a person:\n    (a) had applied, under section 13I of the repealed Act, to be registered for the grant year commencing on 1 July 1996; but\n    (b) had not been so registered before 1 July 1997;\n  Austrade must, as soon as practicable, register the person for the purposes of the new Act under section 19 of that Act.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Determination for purposes of grants entry test","content":"##### 11 Determination for purposes of grants entry test\n\n  A determination under section 13K of the repealed Act that had effect immediately before 1 July 1997 continues to have effect on and after that day, and may be varied and revoked, as if it were a determination made under section 21 of the new Act.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Grants entry test for grant year 1996‑97","content":"##### 12 Grants entry test for grant year 1996‑97\n\n  (1) If:\n    (a) a person had taken a grants entry test under the repealed Act; but\n    (b) Austrade had not decided before 1 July 1997 whether the person had passed the test;\n  the person is to be treated, for the purposes of the new Act, as having taken the test under section 20 of that Act.\n  (2) Any request under subsection 13L(2) of the repealed Act for information to be given to Austrade within a period that ends on or after 1 July 1997 is taken to be a request made on that day under section 22 of the new Act.\n  (3) Any information given to Austrade before 1 July 1997 as a result of a request referred to in subsection (2) is to be treated as information received on that day for the purposes of section 22 of the new Act.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Change in ownership of business etc.—principles relating to the exemption of claimants from relevant provisions","content":"##### 13 Change in ownership of business etc.—principles relating to the exemption of claimants from relevant provisions\n\n  Any principles under section 19A of the repealed Act that had effect immediately before 1 July 1997 continue to have effect on and after that day, and may be varied and revoked, as if they were guidelines made under paragraph 101(1)(d) of the new Act.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Person applying for grant in respect of grant year 1996‑97 and previous year","content":"##### 14 Person applying for grant in respect of grant year 1996‑97 and previous year\n\n  (1) This section applies if a person that is not a grantee in respect of any previous year applies for a grant in respect of the grant year commencing on 1 July 1996.\n  (2) In working out the person’s eligible expenses, expenses incurred by the person during the previous year are to be excluded if they were incurred in respect of an eligible promotional activity carried out for an approved promotional purpose relating to eligible external services that were not eligible services for the purposes of the repealed Act.","sortOrder":16},{"sectionNumber":"Schedule 1","sectionType":"part","heading":"Repeal","content":"# Schedule 1—Repeal\n\n##### Export Market Development Grants Act 1974\n\n1 The whole of the Act\n\n  Repeal the Act.\n\n2 Continued application of repealed Act\n\n  (1) Despite its repeal, the repealed Act continues to apply to:\n    (a) a claimant whose claim for a grant under that Act had not yet been finalised immediately before 1 July 1997; and\n    Note: For claim not being finalised see subitem (3).\n    (b) a person that would, but for the repeal of that Act, have been permitted by Austrade to submit a claim in respect of a claim period under subsection 13(2B) of that Act; and\n    (c) a person to whom a grant was payable under the repealed Act immediately before 1 July 1997; and\n    (d) a person that was, immediately before 1 July 1997, indebted to Austrade under section 39A or 40 of that Act; and\n    (e) a person that was, immediately before 1 July 1997, liable to be prosecuted, or against whom a prosecution was at that time pending, for an offence against that Act.\n  (2) In so far as it applies to a person because of subitem (1), the repealed Act has effect as if the definition of grant year in subsection 3(1) of that Act did not include:\n    (a) the year commencing on 1 July 1996; or\n    (b) a subsequent year.\n  (3) For the purposes of paragraph (1)(a), a claim for a grant under the repealed Act is taken not to be finalised so long as:\n    (a) Austrade has not made a determination under section 12 of that Act whether the claimant is entitled to a grant; or\n    (b) such a determination by Austrade in respect of the claimant, or a decision of a court affecting that determination, may still be, or is, subject to a review by, or an appeal to, another court.\n  (4) In this item:\n\n> Austrade means the Australian Trade Commission established by section 7 of the Australian Trade Commission Act 1985.\n\n> court includes the Administrative Appeals Tribunal.\n\n> repealed Act means the Export Market Development Grants Act 1974.","sortOrder":17},{"sectionNumber":"Export Market Development Grants Act 197","sectionType":"section","heading":"Export Market Development Grants Act 1974","content":"##### Export Market Development Grants Act 1974\n\n1 The whole of the Act\n\n  Repeal the Act.\n\n2 Continued application of repealed Act\n\n  (1) Despite its repeal, the repealed Act continues to apply to:\n    (a) a claimant whose claim for a grant under that Act had not yet been finalised immediately before 1 July 1997; and\n    Note: For claim not being finalised see subitem (3).\n    (b) a person that would, but for the repeal of that Act, have been permitted by Austrade to submit a claim in respect of a claim period under subsection 13(2B) of that Act; and\n    (c) a person to whom a grant was payable under the repealed Act immediately before 1 July 1997; and\n    (d) a person that was, immediately before 1 July 1997, indebted to Austrade under section 39A or 40 of that Act; and\n    (e) a person that was, immediately before 1 July 1997, liable to be prosecuted, or against whom a prosecution was at that time pending, for an offence against that Act.\n  (2) In so far as it applies to a person because of subitem (1), the repealed Act has effect as if the definition of grant year in subsection 3(1) of that Act did not include:\n    (a) the year commencing on 1 July 1996; or\n    (b) a subsequent year.\n  (3) For the purposes of paragraph (1)(a), a claim for a grant under the repealed Act is taken not to be finalised so long as:\n    (a) Austrade has not made a determination under section 12 of that Act whether the claimant is entitled to a grant; or\n    (b) such a determination by Austrade in respect of the claimant, or a decision of a court affecting that determination, may still be, or is, subject to a review by, or an appeal to, another court.\n  (4) In this item:\n\n> Austrade means the Australian Trade Commission established by section 7 of the Australian Trade Commission Act 1985.\n\n> court includes the Administrative Appeals Tribunal.\n\n> repealed Act means the Export Market Development Grants Act 1974.","sortOrder":18},{"sectionNumber":"Schedule 2","sectionType":"part","heading":"Amendment of the Australian Trade Commission Act 1985","content":"# Schedule 2—Amendment of the Australian Trade Commission Act 1985\n\n1 Subsection 3(3)\n\n  Omit “1974” (wherever occurring), substitute “1997”.\n\n2 At the end of section 3\n\n  Add:\n  (4) Unless the contrary intention appears, a reference in this Act to the Export Market Development Grants Act 1997 includes a reference to the Export Market Development Grants Act 1974 to the extent that that Act continues to apply because of item 2 of Schedule 1 to the Export Market Development Grants (Repeal and Consequential Provisions) Act 1997.\n\n3 Section 6\n\n  Omit “1974”, substitute “1997”.\n\n> Note: The heading to section 6 is altered by omitting “1974” and substituting “1997”.\n\n4 Subparagraph 8(a)(viii)\n\n  Omit “1974”, substitute “1997”.\n\n5 Subsection 10(3)\n\n  Omit “other application for a benefit”, substitute “application for a grant or other benefit”.\n\n6 Subsection 10(3)\n\n  Omit “1974”, substitute “1997”.\n\n7 Subsection 10(4)\n\n  Omit “a claim”, substitute “an application”.\n\n8 Subsection 10(4)\n\n  Omit “1974”, substitute “1997”.\n\n9 Subsection 13(3)\n\n  Omit “1974”, substitute “1997”.\n\n10 Subsection 23(3)\n\n  Omit “1974”, substitute “1997”.\n\n11 Subsection 30(1)\n\n  Omit “1974”, substitute “1997”.\n\n12 Subsection 71(1)\n\n  Omit “1974”, substitute “1997”.\n\n13 Section 90\n\n  Omit “1974” (wherever occurring), substitute “1997”.\n\n14 Paragraph 92(1)(b)\n\n  Omit “1974”, substitute “1997”.\n\n15 Paragraph 94(4)(b)\n\n  After “Export Market Development Grants Act 1974”, insert “or the Export Market Development Grants Act 1997”.\n\n16 At the end of paragraph 94(4)(c)\n\n  Add “or the Export Market Development Grants Act 1997”.\n\n17 Subsection 94(5)\n\n  Omit “or the Export Market Development Grants Act 1974”, substitute “, the Export Market Development Grants Act 1974 or the Export Market Development Grants Act 1997”.","sortOrder":19}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: managing the legislative transition between the 1974 and 1997 Export Market Development Grants schemes. The scope has not expanded beyond consequential amendments necessary for this repeal-and-replace operation."},"complexity_factors":["Multiple cross-references between the repealed 1974 Act and the new 1997 Act (the 'new Act' is defined and referenced throughout)","Nested transitional provisions with time-specific cut-off dates (1 July 1997) and conditional continuation periods (e.g., 'third anniversary' rules in section 5)","Dual-application mechanism in Schedule 1 item 2 where the repealed Act continues to apply to specific categories of people despite being repealed","Defined terms used across multiple Acts (Austrade, repealed Act, new Act, court) requiring careful tracking","Mechanical amendment schedule (Schedule 2) with 17 specific textual substitutions across the Australian Trade Commission Act 1985"],"plain_english_summary":"This legislation is a 'clean-up' law that manages the switchover from the old Export Market Development Grants scheme (from 1974) to a new one (from 1997). It does three main things:\n\n**1. Repeals the old 1974 Act**\n- The old Export Market Development Grants Act 1974 is abolished, but with important exceptions to protect people already in the system.\n\n**2. Saves existing rights and applications**\n- If you had an approval, registration, pending application, or outstanding claim under the old law, this Act ensures you don't lose your place. Your approvals continue as if they were made under the new 1997 Act (though some have time limits).\n- Pending applications are treated as if they were lodged under the new Act.\n- Any ongoing legal proceedings or debts under the old Act continue to be governed by the old rules.\n\n**3. Updates references in other laws**\n- The Australian Trade Commission Act 1985 is amended to replace all references to the '1974' Act with '1997', ensuring Austrade (the Australian Trade Commission) can administer the new scheme properly.\n\n**Who it affects:** Australian exporters who received or applied for government grants to help market their products overseas, as well as Austrade staff administering the scheme.\n\n**Why it matters:** Without this Act, the transition between the old and new grant schemes would have created a legal mess—people with pending applications might have had to start over, and existing approvals might have vanished. This ensures continuity while allowing the modernised 1997 scheme to take over."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation does not expand the scope of the grant scheme. It simply replaces one Act with another of the same name and purpose, preserving all existing rights, obligations, and applications. The transitional provisions ensure continuity, so the original intent (providing grants to promote export market development) remains unchanged."},"complexity_factors":["Multiple transitional provisions with conditions (e.g., approval expiry dates, pending applications)","Cross-references between repealed and new Act (e.g., sections 40B vs 89, 13I vs 19)","Schedule 1 contains a continuation clause with five categories of people still governed by the repealed Act","Definitions and interpretive rules (e.g., 'new Act', 'repealed Act', 'Austrade')","Nested conditions in Schedule 1 (e.g., claim not finalised determination triggers)"],"plain_english_summary":"This law repeals the old Export Market Development Grants Act 1974 and makes the transition to a new Act from 1997. It does not change who gets grants or how – it just replaces one law with another. The main effect is that any approvals, applications, registrations, debts, or legal cases that existed under the old Act on 30 June 1997 continue under the new Act. For example, if you were approved as an 'approved body' under the old law, you remain approved under the new law until the approval expires or is cancelled. Similarly, if you had applied for a grant but it wasn't decided yet, the application is treated as made under the new Act. The law also updates references in another Act (the Australian Trade Commission Act) to point to the new instead of the old Act. In short, this is a clean-up law to ensure a smooth handover between two versions of the same grant scheme, with no net change in who is covered or how grants work."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act does exactly what its title advertises: it repeals the old 1974 Export Market Development Grants Act and makes the consequential (flow-on) amendments needed to keep related legislation consistent. The transitional provisions are a standard and expected feature of any repeal-and-replace exercise. There is no evidence of scope creep or departure from the original intent."},"complexity_factors":["Cross-references to multiple Acts (the repealed 1974 Act, the new 1997 Act, and the Australian Trade Commission Act 1985), requiring the reader to consult several pieces of legislation simultaneously","Transitional provisions with precise date-based conditions (1 July 1997 cutoffs) that require careful tracking of whether events occurred before or after the transition","Multiple categories of affected persons (approved bodies, trading houses, joint ventures/consortia, registered claimants, debtors, defendants) each with slightly different transitional rules","The old Act is partially preserved ('zombie legislation') for certain purposes while being simultaneously repealed — a conceptually tricky arrangement","Deeming provisions that treat past events (applications, questions, submissions) as having occurred on a different date for legal purposes","Technical legislative amendment machinery in Schedule 2 (substituting year references) that requires knowledge of the parent Act to fully understand"],"plain_english_summary":"## What This Law Does\n\nThis Act is essentially a **housekeeping law** — it tidies up the legal landscape when the old Export Market Development Grants Act 1974 was replaced by a new version (the Export Market Development Grants Act 1997) on 1 July 1997.\n\n**Export Market Development Grants (EMDG)** are government payments that help Australian businesses cover the costs of promoting their goods and services overseas — things like overseas travel, advertising, and trade fair participation.\n\n## Who Does It Affect?\n\nThis law matters to:\n- **Businesses that had already applied for grants** under the old law and were still waiting on a decision when the new law kicked in\n- **Businesses that owed money** to Austrade (the Australian Trade Commission, the government body that runs the grant program) under the old law\n- **Trading houses, joint ventures, and approved bodies** (groups of companies banding together to export) whose approvals were granted under the old law\n- **Anyone facing legal action** under the old law at the time of the switch\n\n## What Does It Actually Do?\n\n1. **Repeals the old 1974 Act** — but not completely. The old rules still apply to anyone with unfinished business under that Act (pending grant claims, debts, prosecutions, etc.)\n\n2. **Carries over existing approvals** — If your business was already approved as a trading house, joint venture, or approved body under the old law, that approval keeps working under the new law. You don't have to reapply.\n\n3. **Carries over pending applications** — If you had applied for approval but hadn't heard back yet, your application is automatically treated as if it was made under the new law.\n\n4. **Carries over registrations** — If you were registered for the 1996-97 grant year under the old law, you're automatically registered under the new law too.\n\n5. **Updates references** in related legislation (the Australian Trade Commission Act 1985) to point to the new 1997 Act instead of the old 1974 Act.\n\n## The Bottom Line\n\nIf you had any dealings with the Export Market Development Grants program before 1 July 1997, this law ensures you're not left in legal limbo — your rights, obligations, and applications are smoothly transferred to the new system without you having to start over."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Schedule 1, Item 2(2)","severity":"high","reasoning":"Item 2(1) preserves the repealed Act for claimants whose grants had not been finalised before 1 July 1997. However, Item 2(2) then excludes the grant year commencing 1 July 1996 and all subsequent years from the definition of 'grant year' under the preserved Act. Since the most recent grant year under the repealed Act would be 1995-96 or 1996-97, this exclusion risks rendering the preserved Act inoperative for the very claimants it purports to protect, as those claimants were most likely claiming in respect of 1996-97. The Act saves the shell but guts the substance.","confidence":0.72,"description":"The repealed Act is preserved for ongoing claims but simultaneously stripped of the grant year commencing 1 July 1996, which is the very year most transitional claimants would be claiming under."},{"type":"self_contradicting","section":"Section 5(1)(b)","severity":"medium","reasoning":"Section 5(1)(b) provides that approvals continue until the third anniversary of the approval OR, if that anniversary occurs before the day 3 months after commencement of the subparagraph, that day instead. Since commencement is 1 July 1997, the alternative date is approximately 1 October 1997. An approval granted more than 3 years before 1 October 1997 (i.e., before 1 October 1994) would have its third anniversary before 1 July 1997 — meaning it had already expired before the Act commenced. The provision attempts to extend already-expired approvals without explicitly stating that is its purpose, creating ambiguity about whether a pre-expired approval is 'continued' at all under section 5(1)(a).","confidence":0.65,"description":"The dual expiry mechanism for approved body approvals creates a temporal paradox where the 'extended' deadline can precede the standard deadline, making the protective sub-provision potentially meaningless."},{"type":"other","section":"Schedule 1 (duplicated content)","severity":"medium","reasoning":"The Schedule 1 provisions — including the operative repeal instruction and all transitional subitems — are reproduced twice in the legislation. While this may be a drafting/formatting error rather than a logical flaw, it raises a genuine legal question: does the second repeal instruction operate as a second repeal of an Act already repealed by the first item, and if so, does it create any interpretive uncertainty about the operative date or scope of the repeal? A double repeal of an Act could theoretically be read as surplusage, but in a strict reading it is logically impossible to repeal something that no longer exists.","confidence":0.88,"description":"The entire Schedule 1 content, including the repeal of the Export Market Development Grants Act 1974 and all subitems, appears to be duplicated verbatim under a malformed heading 'Export Market Development Grants Act 197 Export Market Development Grants Act 1974'."},{"type":"retroactive_impossibility","section":"Section 7(2)","severity":"low","reasoning":"By deeming pre-commencement questions and answers to have been made on 1 July 1997, the provision could inadvertently restart any time periods triggered by such exchanges under section 88 of the new Act. If the new Act imposes obligations or deadlines running from the date questions are asked or answered, applicants who had already responded under the repealed Act may find themselves subject to new or extended obligations they had no reason to anticipate. The fiction of a single date also ignores that questions and answers may have occurred over a span of months.","confidence":0.6,"description":"Questions and answers exchanged before 1 July 1997 under the repealed Act are deemed to have occurred on 1 July 1997, creating a legal fiction that erases actual chronology and could prejudice applicants if timeliness requirements apply under the new Act."},{"type":"impossible_compliance","section":"Section 10(2)","severity":"low","reasoning":"Section 10(2) mandates registration without any discretion or quality-control step: if the person applied but was not registered, Austrade must register them. This bypasses any substantive assessment of whether the application was meritorious under the repealed Act, effectively converting an unresolved application into a guaranteed registration. This could result in ineligible persons being registered under the new Act purely by virtue of timing.","confidence":0.62,"description":"Austrade is directed to register a person 'as soon as practicable' under the new Act where the person applied but was not registered before 1 July 1997, but the section provides no mechanism to assess whether the person would have met the registration criteria under the repealed Act."}],"contradictions":[{"severity":"medium","section_a":"Section 4(1) (definition of 'new Act')","section_b":"Schedule 2, Item 2","confidence":0.67,"description":"Part 3 defines the 'new Act' as the Export Market Development Grants Act 1997 and uses it uniformly. Schedule 2 Item 2 then amends the Australian Trade Commission Act 1985 to provide that references to the 1997 Act include references to the 1974 Act to the extent it continues to apply. This creates an asymmetry: transitional provisions in Part 3 that invoke the 'new Act' do not carry the same extended meaning, potentially producing different outcomes depending on which provision is engaged."},{"severity":"high","section_a":"Schedule 1, Item 2(1)(a) and (c)","section_b":"Schedule 1, Item 2(2)","confidence":0.75,"description":"Item 2(1) preserves the repealed Act for claimants with unfinished claims and persons to whom grants were payable immediately before 1 July 1997. Item 2(2) strips the grant year 1996-97 from the preserved Act's definition of 'grant year'. If the claims being finalised or grants being paid relate to the 1996-97 grant year, the preserved Act cannot properly operate in respect of them because that year is excised from its definitional framework."},{"severity":"medium","section_a":"Section 5(2)(b)","section_b":"Section 5(3)(b)","confidence":0.58,"description":"Trading house approvals under s.5(2) continue until the day they would have ceased under the repealed Act, while joint venture/consortium approvals under s.5(3) use the same formulation. However, the repealed Act has been repealed, so determining 'the day on which it would have ceased to be in force under the repealed Act' requires reference to a now-defunct legislative framework. If the repealed Act's provisions regarding duration were themselves contingent on administrative acts or events that can no longer occur under the repealed Act, the expiry date becomes indeterminate."},{"severity":"medium","section_a":"Section 8(1)","section_b":"Section 8(2)","confidence":0.82,"description":"Section 8(1) deems pre-1 July 1997 invitations to make submissions (with periods ending on or after 1 July 1997) to be invitations issued on 1 July 1997. Section 8(2) then treats any submissions already received before 1 July 1997 in response to those invitations as received on 1 July 1997. This creates a temporal contradiction: the invitation is deemed issued on 1 July 1997, yet a response to it is also deemed received on 1 July 1997, implying that the response was given instantaneously or even before the invitation was notionally issued."}]}},"importantCases":[],"_links":{"self":"/api/acts/export-market-development-grants-repeal-and-consequential-provisions-act-1997","history":"/api/acts/export-market-development-grants-repeal-and-consequential-provisions-act-1997/history","analysis":"/api/acts/export-market-development-grants-repeal-and-consequential-provisions-act-1997/analysis","conflicts":"/api/acts/export-market-development-grants-repeal-and-consequential-provisions-act-1997/conflicts","importantCases":"/api/acts/export-market-development-grants-repeal-and-consequential-provisions-act-1997/important-cases","documents":"/api/acts/export-market-development-grants-repeal-and-consequential-provisions-act-1997/documents"}}