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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Australian Sports Commission
Amendment (Ensuring a Level Playing
Field) Bill 2020
No. , 2020
(Senator Rice)
A Bill for an Act to amend the
Australian Sports
Commission Act 1989
, and for related purposes
No. , 2020
Australian Sports Commission Amendment (Ensuring a Level Playing
Field) Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Australian Sports Commission Act 1989
3
No. , 2020
Australian Sports Commission Amendment (Ensuring a Level Playing
Field) Bill 2020
1
A Bill for an Act to amend the
Australian Sports
1
Commission Act 1989
, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Australian Sports Commission Amendment
5
(Ensuring a Level Playing Field) Act 2020
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Australian Sports Commission Amendment (Ensuring a Level Playing
Field) Bill 2020
No. , 2020
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2020
Australian Sports Commission Amendment (Ensuring a Level Playing
Field) Bill 2020
3
Schedule 1--Amendments
1
2
Australian Sports Commission Act 1989
3
1 After section 57A
4
Insert:
5
57AA Community sport infrastructure grants
6
Definitions
7
(1) In this section:
8
eligibility criteria
means the eligibility criteria outlined in the
9
document entitled
Community Sport Infrastructure Grant Program
10
- Program Guidelines August 2018
.
11
Note:
The document could in 2020 be viewed on the Commission's website
12
(https://www.sportaus.gov.au/grants_and_funding/community_sport_i
13
nfrastructure_grant_program/resources).
14
unsuccessful CSIG applicant
means an applicant under the grant
15
program known as the Community Sport Infrastructure Grant
16
Program that had its application endorsed by the Commission but
17
that application did not receive final approval by the Minister.
18
Commission to reassess community sport infrastructure grant
19
applications
20
(2) Subject to subsection (3), the Commission must decide in relation
21
to the application of each unsuccessful CSIG applicant whether, as
22
at the date this section commences:
23
(a) the application meets the eligibility criteria; or
24
(b) the application does not meet the eligibility criteria.
25
(3) The Commission must not decide that an application does not meet
26
the eligibility criteria because the relevant project specified in the
27
application has already commenced works if those works:
28
(a) have not yet been completed; and
29
Schedule 1
Amendments
4
Australian Sports Commission Amendment (Ensuring a Level Playing
Field) Bill 2020
No. , 2020
(b) commenced after the unsuccessful CSIG applicant was
1
notified by the Commission that the application had not been
2
approved.
3
Commission to decide grant amounts
4
(4) If the Commission decides that the application of an unsuccessful
5
CSIG applicant meets the eligibility criteria, the Commission must
6
decide the grant amount to be awarded in relation to that
7
application (the
relevant grant amount
).
8
(5) In determining the relevant grant amount for an application, if the
9
unsuccessful CSIG applicant commenced works on the project
10
relating to its application after it was notified by the Commission
11
that its application had not been approved, the Commission may
12
decide to award a grant amount of no more than the amount
13
required to complete the works on the project.
14
Commission may require information to be provided by applicants
15
(6) The Commission may require an unsuccessful CSIG applicant to
16
provide any information to the Commission that the Commission
17
considers necessary for the Commission to decide:
18
(a) whether the application of the unsuccessful CSIG applicant
19
meets the eligibility criteria; and
20
(b) the relevant grant amount.
21
Commission to provide reasons for decisions
22
(7) If the Commission decides that:
23
(a) the application of an unsuccessful CSIG applicant does not
24
meet the eligibility criteria; or
25
(b) the relevant grant amount is zero;
26
the Commission must, as soon as practicable after making the
27
decision, give the unsuccessful CSIG applicant written reasons for
28
the decision.
29
Amendments
Schedule 1
No. , 2020
Australian Sports Commission Amendment (Ensuring a Level Playing
Field) Bill 2020
5
Minister may not direct Commission
1
(8) The Minister may not give written directions to the Commission
2
with respect to the policies and practices to be followed by the
3
Commission in relation to any of the matters set out in this section.
4
Financial assistance to States and Territories
5
(9) The Commission may determine that an amount specified in the
6
determination be paid to a State or Territory specified in the
7
determination for the purpose of making a grant of financial
8
assistance for the purpose of expenditure in relation to community
9
sport infrastructure projects.
10
(10) The amount specified in a determination in respect of a State or
11
Territory must be equal to the sum of the relevant grant amounts
12
relating to applications for projects located in the State or Territory
13
plus an additional amount of 20 per cent of the sum of the grant
14
amounts in relation to applications relevant to the State or
15
Territory.
16
(11) A determination under subsection (9) must identify each
17
community sport infrastructure project and the relevant grant
18
amount in relation to the project.
19
(12) A determination under subsection (9) is a legislative instrument,
20
but section 42 (disallowance) of the
Legislation Act 2003
does not
21
apply to the determination.
22
(13) Financial assistance is payable to a State or Territory under this
23
section on condition that the State or Territory is required to pay to
24
each unsuccessful CSIG applicant the relevant grant amount
25
relating to the application of the unsuccessful CSIG applicant as
26
identified in any determination made under subsection (9).
27
Repayment if condition not fulfilled
28
(14) It is a condition of a payment of financial assistance under this
29
section that if the State or Territory does not fulfil a condition in
30
respect of the payment, the State or Territory will, if the Minister
31
so determines, repay to the Commonwealth the amount stated in
32
the determination.
33
Schedule 1
Amendments
6
Australian Sports Commission Amendment (Ensuring a Level Playing
Field) Bill 2020
No. , 2020
(15) The amount stated in the determination under subsection (14) must
1
not be more than the amount of the payment.
2
(16) A determination made under subsection (14) is not a legislative
3
instrument.
4
(17) An amount payable by a State or Territory to the Commonwealth
5
under this section is a debt due by the State or Territory to the
6
Commonwealth.
7
2 After subsection 43(2)
8
Insert:
9
(3) Payments under section 57AA are to be made out of money
10
appropriated by the Parliament for those purposes.
11