Document ID: chunk:federal_register_of_legislation:C2006A00057:clause:1_96
Version: federal_register_of_legislation:C2006A00057
Segment Type: clause
Provision Reference: sch 1 cl 96
Character Range: 17662–19225

96  Adjustments that may be made by Austrade

 (1) This section applies if it appears to Austrade that:
 (a) any expenses incurred by an applicant in respect of an eligible promotional activity:
 (i) may not have been properly substantiated; or
 (ii) may not be reasonable, commercial or bona fide; or
 (b) an applicant for a grant in respect of a grant year has done, or been party to, any act or thing (such as making an agreement or payment, forming a company or allocating income or expenses between different persons or different years) for the sole or dominant purpose of obtaining a grant, or an increase in the amount of a grant, in respect of that year.

 (2) If this section applies, Austrade must:
 (a) notify the applicant, in writing, that Austrade is of that opinion and of Austrade's reasons for being of that opinion; and
 (b) ask the applicant to explain, within the period specified in the notice, why Austrade should not adjust the applicant's expenses under this section.

 (3) If, after the end of the period, Austrade is not satisfied with the applicant's explanation, Austrade may:
 (a) make any adjustments that it thinks necessary to the amount that (apart from this section and section 30) would be the applicant's eligible expenses; and
 (b) work out the amount that is the applicant's provisional grant amount for the grant year because of section 64.

 (4) In making a decision under subsection (3), Austrade must take into consideration any information given by the applicant in answer to Austrade's request under paragraph (2)(b).