What it does
This Act repeals the Export Market Development Grants Act 1974 and provides transitional and consequential provisions to preserve specified rights, approvals, applications, determinations and procedures when the Export Market Development Grants Act 1997 (the new Act) commences on 1 July 1997. The short title appears at section 1 and the commencement date is specified in section 2. Schedule 1 repeals the whole of the 1974 Act (Schedule 1, item 1) while Schedule 1, item 2 preserves the operation of the repealed Act in defined, limited circumstances for specified persons and matters. Section 3 makes the general point that Schedules amend or repeal Acts as set out in the schedules. Part 3 sets out transitional provisions that map approvals, guidelines, pending applications, registrations, determinations and tests from the repealed Act into the corresponding provisions of the new Act, for example treating approvals under the repealed Act as approvals under the new Act (s 5), treating pending applications as if made under the new Act (s 7), and continuing guidelines under the repealed Act as if they were guidelines under the new Act (s 6). Schedule 2 makes consequential amendments to the Australian Trade Commission Act 1985, largely substituting references to the 1974 Act with references to the 1997 Act and making a new saving direction that references to the 1997 Act include the 1974 Act to the extent it continues to apply because of Schedule 1, item 2 (Schedule 2, item 2 (new s 3(4))). The Act therefore effects a mechanical repeal of the 1974 statute while creating a legal bridge so that ongoing grant claims, approvals, applications, registrations, indebtedness, prosecutions, reviews and related procedural matters can continue to be dealt with either under the repealed Act where explicitly preserved or under the new Act as specified in the transitional mappings (Schedule 1, item 2; ss 4-14). The Act contains provisions that require Austrade to act in particular ways in the transition, for example to register persons who had applied under the repealed Act as soon as practicable (s 10(2)), and it preserves the capacity of Austrade to vary or cancel approvals that carry over as approvals under the new Act (s 5).