EXPLANATORY STATEMENT

 

Select Legislative Instrument 2010 No. 202

 

TEXTILE, CLOTHING AND FOOTWEAR STRATEGIC INVESTMENT PROGRAM AMENDMENT REGULATIONS 2010 (No. 1)

General Outline

 

The Textile, Clothing and Footwear Investment and Innovation Programs Act 1999 (the Act) provides a framework for the implementation of the TCF Post-2005 (SIP) scheme and the Clothing and Household Textile (BIC) scheme (the BIC scheme) as well as providing funding for the TCF Small Business Program. The Act was recently amended by the Textile, Clothing and Footwear Strategic Investment Program Amendment (Building Innovative Capability) Act 2009 to provide authority for the formulation of the BIC scheme in April 2010.

 

Section 56 of the Act provides that the Governor‑General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

The purpose of the Regulations is to amend the Textile, Clothing and Footwear Strategic Investment Program Regulations 2005 (the Principal Regulations) to insert new provisions relating to the recently introduced Clothing and Household Textile (Building Innovative Capability) scheme (the BIC scheme). The Regulations would also remove provisions relating to the TCF (SIP) scheme which has expired and update a reference to the Act.

 

The object of the TCF Post-2005 (SIP) scheme is to foster the development of a sustainable and internationally competitive textile, clothing and footwear (TCF) manufacturing industry and TCF design industry in Australia by providing incentives that will promote investment and innovation. The TCF Post-2005 (SIP) scheme provides for the making of grants in respect of expenditure incurred in the 2005-2006 to 2009-2010 income years. The BIC scheme replaces the TCF Post-2005 (SIP) scheme from the 2010-2011 to 2014-2015 income years. The object of the BIC scheme is similar to the TCF Post-2005 (SIP) scheme. However, BIC is targeted at the development of a sustainable and internationally competitive manufacturing industry and design industry for clothing and household textiles in Australia.

 

Paragraphs 37U(2)(a) and 37ZZD(2)(a) of the Act provide that the regulations must proscribe the form of the identity cards issued by the Secretary to the Department of Innovation, Industry, Science and Research for the TCF Post-2005 (SIP) scheme and the BIC scheme respectively. These identity cards are to be used to identify authorised officers for the purpose of the Act.

The Regulations would introduce provisions that will proscribe the form of identity cards to be issued for the BIC scheme. These provisions would mirror the current requirements of the Principal Regulations in that the following information must be contained on the identity card:

·        the authorised officer’s name;

·        if the authorised officer is an APS employee — the name of the Commonwealth department to which the officer belongs;

·        if the authorised officer is not an APS employee — the function for which the authorised officer was appointed;

·        a declaration that the card was issued by the Secretary under the Act;

·        an identification number for the card; and

·        instructions for the return of the card, if found.

 

Details of the Regulations are set out in the Attachment.

 

The Act specifies no conditions that need to be satisfied before the power to make the Regulations may be exercised.

 

The Regulations would be a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations would commence on the day after they are registered.

 

Authority for the Textile, Clothing and Footwear Strategic Investment Program Amendment Regulations 2010 (No. 1)

 

Section 56 of the Textile, Clothing and Footwear Investment and Innovation Programs Act 1999.

 

Financial Implications

 

There are no financial implications for these Regulations.

 

NOTES ON SECTIONS

 

Regulation 1 — Name of Regulations

 

This regulation specifies the title of the Regulations is the Textile, Clothing and Footwear Strategic Investment Program Amendment Regulations 2010 (No. 1).

 

Regulation 2 — Commencement

 

This Regulation specifies that these regulations are to commence on the day after they are registered on the Federal Register of Legislative Instruments.

 

Regulation 3 — Amendment of the Textile, Clothing and Footwear Strategic Investment Program Regulations 2005

 

This regulation provides that the Textile, Clothing and Footwear Strategic Investment Program Regulations 2005 (the Principal Regulations) are to be amended as set out in Schedule 1.

 

Schedule 1 – Amendments

 

Item [1] – Regulation 1

 

Regulation 1 provides the name of the Principal Regulations. This item amends the name of the Principal Regulations to the Textile, Clothing and Footwear Investment and Innovation Programs Regulations 2005 to better reflect the programs covered.

 

Item [2] – Regulation 3, definition of Act

 

Regulation 3 sets the definition for terms used in the Principal Regulations. This item would substitute a new definition of Act to reflect the change in title to the Textile, Clothing and Footwear Investment and Innovation Programs Act 1999.

 

Item [3] ­– Regulation 4

Regulation 4 of the Principal Regulations provides the form of identity cards for the TCF (SIP) scheme and the TCF Post-2005 (SIP) scheme. Item 4 would remove the subregulation that provided the form of identity cards for the TCF (SIP) scheme which has since ceased and inserts a new subregulation that provides for the form of identity cards under the Clothing and Household Textile (BIC) scheme. The form of identity cards for BIC is identical to those for the Post-2005 (SIP) scheme. Specifically, the regulations require that the following information must be contained on the identity card:

·        the authorised officer’s name;

·        if the authorised officer is an APS employee — the name of the Commonwealth department to which the officer belongs;

·        if the authorised officer is not an APS employee — the function for which the authorised officer was appointed;

·        a declaration that the card was issued by the Secretary under the Act;

·        an identification number for the card; and

·        instructions for the return of the card, if found.