Document ID: chunk:federal_register_of_legislation:C2004A04933:body:0:p8
Version: federal_register_of_legislation:C2004A04933
Segment Type: other
Provision Reference: 
Character Range: 18008–21036

of subsection 40(1), if:

    (a) an amount of grant was paid to the claimant in respect of the claim; and

    (b) the claim did not comply with subsection (3) of this section;

the amount is taken to have been paid by the Commission in consequence of the making by the claimant of a statement that was false or misleading.

    Note: Section 40 deals with the recovery of overpayments.

Knowledge of employee of claimant etc.

"(5) For the purposes of establishing a contravention of paragraph (3)(b), the knowledge of an individual employed by, or concerned in the management of, the claimant is taken to be knowledge of the claimant.

Claimant's knowledge of other members of related company group

"(6) For the purposes of establishing a contravention of paragraph (3)(b), if, having regard to:

SCHEDULE—continued

    (a) a person's abilities, experience, qualifications and other attributes; and

    (b) all the circumstances surrounding the alleged contravention of that paragraph;

the person ought reasonably to have known that a body corporate was covered by both subparagraphs (3)(b)(i) and (ii), the person is taken to have known that the body corporate was covered by both of those subparagraphs.

Group's gross grants

"(7) For the purposes of this section, the group's gross grants is the total of the grants that would have been payable in relation to the grant year to bodies corporate that were members of the claimant's group as at the end of the grant year if it were assumed that this section had not been enacted. For the purposes of working out that total, a grant is to be ignored if it is in respect of a first-half claim.

    Note: See section 22 for restrictions on first-half claims.

Definition

"(8) In this section:

'company number' means an Australian Company Number or an Australian Registered Body Number.".

PART 6—NON-EMDG ASSISTANCE SCHEMES ADMINISTERED BY THE COMMISSION

38. Section 11P:

Repeal the section, substitute:

Non-EMDG assistance schemes administered by the Commission

"11P. Expenditure incurred in relation to a particular project or activity is non-claimable expenditure if, at the time when the expenditure is incurred, the project or activity is approved for the purposes of:

    (a) the scheme known as the International Trade Enhancement Scheme; or

    (b) any other scheme that:

        (i) relates to the provision of financial assistance; and

        (ii) is administered by the Commission; and

        (iii) is not embodied in this Act.".

SCHEDULE—continued

PART 7—OVERSEAS VISIT ALLOWANCE

39. Subsection 11L(5):

Omit "claimants", substitute "persons (in this subsection and subsection (6) called the 'principals')".

40. Subsection 11L(5):

Omit "claimant", substitute "principal".

41. Subsection 11L(5):

Omit "claimant's", substitute "principal's".

42. Subsection 11L(6):

Omit "claimant's", substitute "principal's".

43. Paragraph 11L(6)(a):

Omit "claimants", substitute "principals".

44. Paragraph 11L(6)(b):

Omit "claimants", substitute