Document ID: chunk:federal_register_of_legislation:C2004A04933:body:0:p3
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or on a decision includes a reference to an act or thing purportedly done by that person or body in reliance on those guidelines or on that decision; and

    (d) a reference to an act or thing done by a person or body taking account of guidelines or a decision includes a reference to an act or thing purportedly done by that person or body taking account of those guidelines or that decision.

Saving of rights of action for adverse decisions or acts etc.

6.(1) In spite of anything in section 5, the validations provided for by section 5 do not affect any rights of action of a person in relation to:

    (a) a decision of the Australian Trade Commission; or

    (b) an act or thing done by any person or body;

that was adverse to the person in relation to whom the decision was made or the act or thing was done and such rights of action may be pursued as if section 5 had never been enacted.

(2) In this section:

    (a) a reference to a decision of the Australian Trade Commission includes a reference to a purported decision of the Commission;

    (b) a reference to an act or thing done by any person or body includes a reference to an act or thing purportedly done by such person or body.

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 SCHEDULE Section 3

AMENDMENT OF THE EXPORT MARKET DEVELOPMENT
GRANTS ACT 1974

PART 1—4-YEAR EXTENSION OF THE EXPORT MARKET
DEVELOPMENT GRANTS SCHEME

1. Subsection 3(1) (paragraph (e) of the definition of "grant year"):

Omit "4", substitute "8".

PART 2—TOURISM

2. Subsection 3(1):

Insert:

" 'designated tourism services' means services that are designated tourism services because of regulations under subsection 43(3C);".

3. Subsection 3(4):

Omit "or eligible tourism services", substitute ", eligible tourism services or designated tourism services".

4. Subsection 3A(1):

After "a reference to the sum of" insert "the following".

5. Paragraph 3A(1)(f):

Omit "and".

6. Paragraph 3A(1)(g):

Omit "services.", substitute "services;".

7. Subsection 3A(1):

Add at the end:

     "(h) the amount or value of the consideration received by that person during that period for the supply by that person at any time of designated tourism services.".

8. Paragraph 11C(2)(h):

Omit "services.", substitute "services;".

9. Subsection 11C(2):

Add at the end:

     "(i) designated tourism services.".

10. Subparagraph 11E(1)(a)(vii):

Omit "and", substitute "or".

SCHEDULE—continued

11. Paragraph 11E(1)(a):

Add at the end:

     "(viii) designated tourism services; and".

12. Section 11Z:

Add at the end:

"(13) Expenditure is qualifying export development expenditure of a person to whom this section applies if:

    (a) in the Commission's opinion, it is incurred primarily and principally for the purpose of:

        (i) creating or seeking opportunities for; or

        (ii) creating or increasing demand for;