Document ID: chunk:federal_register_of_legislation:C2004C00889:clause:1_2
Version: federal_register_of_legislation:C2004C00889
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 8941–10763

2  Continued application of repealed Act

 (1) Despite its repeal, the repealed Act continues to apply to:

 (a) a claimant whose claim for a grant under that Act had not yet been finalised immediately before 1 July 1997; and

Note: For claim not being finalised see subitem (3).

 (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

 (c) a person to whom a grant was payable under the repealed Act immediately before 1 July 1997; and

 (d) a person that was, immediately before 1 July 1997, indebted to Austrade under section 39A or 40 of that Act; and

 (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.

 (2) In so far as it applies to a person because of subitem (1), the repealed Act has effect as if the definition of grant year in subsection 3(1) of that Act did not include:

 (a) the year commencing on 1 July 1996; or

 (b) a subsequent year.

 (3) For the purposes of paragraph (1)(a), a claim for a grant under the repealed Act is taken not to be finalised so long as:

 (a) Austrade has not made a determination under section 12 of that Act whether the claimant is entitled to a grant; or

 (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.

 (4) In this item:

Austrade means the Australian Trade Commission established by section 7 of the Australian Trade Commission Act 1985.

court includes the Administrative Appeals Tribunal.

repealed Act means the Export Market Development Grants Act 1974.