Australian Trade Commission Legislation Amendment Act 2006 (Cth)

Australian Trade Commission Legislation Amendment Act 2006 Act No. 56 of 2006 as amended This compilation was prepared on 22 September 2011 taking into account amendments up to Act No. 100 of 2011 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney‑General's Department, Canberra Contents 1 Short title [see Note 1] 2 Commencement 3 Schedule(s) Schedule 1—Amendment of the Australian Trade Commission Act 1985 Part 1—Main amendments Australian Trade Commission Act 1985 Part 2—Amendment contingent on the Export Market Development Grants Legislation Amendment Act 2006 Australian Trade Commission Act 1985 Schedule 2—Consequential amendment of the Export Market Development Grants Act 1997 Part 1—Main amendments Export Market Development Grants Act 1997 Part 2—Amendments contingent on the Export Market Development Grants Legislation Amendment Act 2006 Division 1—Amendments that commence after the EMDG legislation Export Market Development Grants Act 1997 Division 2—Amendments that do not commence if the EMDG legislation commences first Export Market Development Grants Act 1997 Schedule 3—Other consequential amendments Commonwealth Borrowing Levy Act 1987 Export Finance and Insurance Corporation Act 1991 Public Service Act 1999 Schedule 4—Transitional provisions Part 1—Preliminary Part 2—Assets, liabilities and legal proceedings Part 3—Reference to, and things done by or in relation to, old Commission Part 4—CEO and staff Part 5—Miscellaneous Notes An Act to amend the law relating to the Australian Trade Commission, and for related purposes 1 Short title [see Note 1] This Act may be cited as the Australian Trade Commission Legislation Amendment Act 2006. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent. 21 June 2006 2. Schedule 1, Part 1 A single day to be fixed by Proclamation. 1 July 2006 However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. (see F2006L01897) 3. Schedule 1, Part 2 At the same time as the provision(s) covered by table item 2 commence. Does not commence However, the provision(s) do not commence at all if section 3 of the Export Market Development Grants Legislation Amendment Act 2006 commences before that time. 4. Schedule 2, Part 1 At the same time as the provision(s) covered by table item 2. 1 July 2006 5. Schedule 2, Part 2, Division 1 The later of: 1 July 2006 (a) the time at which the provision(s) covered by table item 2 commence; and (paragraph (a) applies) (b) immediately after section 3 of the Export Market Development Grants Legislation Amendment Act 2006 commences. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 6. Schedule 2, Part 2, Division 2 At the same time as the provision(s) covered by table item 2 commence. Does not commence However, the provision(s) do not commence at all if section 3 of the Export Market Development Grants Legislation Amendment Act 2006 commences before that time. 7. Schedules 3 and 4 At the same time as the provision(s) covered by table item 2. 1 July 2006 Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Amendment of the Australian Trade Commission Act 1985 Part 1—Main amendments Australian Trade Commission Act 1985 1 Part I (heading) Repeal the heading, substitute: Part 1—Preliminary 2 Subsection 3(1) Repeal the subsection, substitute: (1) In this Act: Australia includes the Territories to which this Act extends. Australian organisation means: (a) any of the following entities carrying on a business in Australia: (i) a natural person; (ii) a partnership; (iii) a company incorporated or formed in Australia; or (b) an authority or body (including a body corporate and a corporation sole): (i) established for a purpose of the Commonwealth by, or in accordance with the provisions of, a law of the Commonwealth or of the Australian Capital Territory; or (ii) established for a purpose of a State by, or in accordance with the provisions of, a law of the State; and includes an Agency (within the meaning of the Public Service Act 1999) and a Department of the Public Service of a State, but does not include the Commission. CEO means the Chief Executive Officer referred to in section 7B. Commission means the Australian Trade Commission established by section 7. corporate plan means a plan developed by the CEO in accordance with section 64, and includes such a plan as varied in accordance with section 66. Department of State, in relation to the Northern Territory, means a Department of that Territory. overseas development project means a project by way of: (a) the construction of works; or (b) the provision of services; or (c) the design, supply or installation of equipment or facilities; or (d) the testing in the field of agricultural practices; (including any necessary preliminary studies, investigations or planning) that is to be carried out in a foreign country. State includes the Northern Territory. 3 Subsection 3(2) Repeal the subsection, substitute: (2) In this Act, a reference to trade between Australia and foreign countries includes a reference to any transaction (including the rendering of a service) involving a consideration in money or money's worth accruing from a person in the course of carrying on business or other activities outside Australia to a person carrying on business or other activities in Australia. 4 Subsection 3(3) Repeal the subsection. 5 At the end of section 3 Add: (5) In any other Act, a reference to an employee of the Australian Trade Commission is a reference to a person engaged by the CEO under section 74 of the Public Service Act 1999. 6 Part II (heading) Repeal the heading, substitute: Part 2—Establishment and function of the Australian Trade Commission 7 Subsections 7(2), (3) and (4) Repeal the subsections, substitute: (2) The Commission consists of: (a) the CEO; and (b) the staff of the Commission referred to in section 60. 8 After section 7 Insert: Part 3—Establishment and functions of the CEO 7A Function of the Australian Trade Commission The function of the Commission (other than the CEO) is to assist the CEO in the performance of his or her functions. 9 Before section 8 Insert: 7B The Chief Executive Officer There is to be a Chief Executive Officer of the Commission. Note: For the appointment, terms and conditions of the CEO, see Division 1 of Part 6. 10 Section 8 Omit "Commission" (wherever occurring), substitute "CEO". Note: The heading to section 8 is altered by omitting "Commission" and substituting "the CEO". 11 Subsection 9(1) Omit "Commission shall perform its", substitute "CEO must perform his or her". 12 Subsection 9(2) Omit "its functions, the Commission shall", substitute "his or her functions, the CEO must". 13 Paragraph 9(2)(a) Omit "it", substitute "the CEO". 14 Subparagraph 9(2)(b)(i) After "Commission", insert "and the CEO". 15 Subparagraph 9(2)(b)(ii) Omit "its". 16 After section 9 Insert: 9A Overseas exercise of CEO's powers The powers of the CEO may be exercised, on behalf of the Commonwealth, in Australia or elsewhere. 9B CEO may charge fees The CEO may charge fees for the provision of services, or the performance of other work, in connection with the performance of his or her functions under this Act. 17 Subsection 10(1) Omit "Commission", substitute "CEO". 18 Subsection 10(1) Omit "its" (wherever occurring), substitute "his or her". 19 At the end of subsection 10(1) Add: Note: A direction under this section is included in the annual report: see section 92. 20 Subsection 10(2) Repeal the subsection. 21 Subsection 10(3) Omit "Commission", substitute "CEO". 22 Subsection 10(3) Omit "or under a scheme approved by the Minister under section 30 of this Act". 23 Subsection 10(5) Omit "Commission", substitute "CEO". 24 At the end of section 10 Add: (6) A direction under this section is not a legislative instrument. 25 Parts III and IV Repeal the Parts. 26 Part VI Repeal the Part, substitute: Part 6—CEO and staff Division 1—Chief Executive Officer 51 Appointment of Chief Executive Officer (1) The CEO is to be appointed by the Minister by written instrument. (2) The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years. (3) An appointment under this section is not ineffective merely because of a defect or irregularity in relation to the appointment. Terms and conditions (4) The CEO holds office on the terms and conditions (if any) in respect of matters not provided for by this Act that are determined by the Minister. 52 Appointment to be full‑time The CEO holds office on a full‑time basis. 54 Remuneration and allowances (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed. (2) The CEO is to be paid the allowances that are prescribed. (3) This section has effect subject to the Remuneration Tribunal Act 1973. 55 CEO not to engage in paid employment The CEO must not engage in paid employment outside the duties of his or her office except with the Minister's approval. 56 Acting CEO (1) The Minister may appoint a person to act as the CEO: (a) during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when the CEO is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office. Note: Section 33A of the Acts Interpretation Act 1901 contains provisions relating to acting appointments. (2) Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because: (a) the occasion for the appointment had not arisen; or (b) there was a defect or irregularity in connection with the appointment; or (c) the appointment had ceased to have effect; or (d) the occasion to act had not arisen or had ceased. 57 Leave of absence (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal. (2) The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines. 58 Resignation The CEO may resign from office by giving the Minister a written resignation that has been signed by the CEO. 59 Termination (1) The Minister may terminate the appointment of the CEO for misbehaviour or physical or mental incapacity. (2) The Minister may terminate the appointment of the CEO if: (a) the CEO: (i) becomes bankrupt; or (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounds with his or her creditors; or (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (c) the CEO engages, except with the Minister's approval, in paid employment outside the duties of his or her office. (3) The Minister must terminate the appointment of the CEO if, in the Minister's opinion, the performance of the CEO has been unsatisfactory for a significant period of time. Division 2—Staff of the Commission 60 Staff of the Commission (1) The staff of the Commission are to be persons engaged under the Public Service Act 1999. (2) For the purposes of the Public Service Act 1999: (a) the CEO and the staff of the Commission together constitute a Statutory Agency; and (b) the CEO is the Head of that Statutory Agency. 61 Locally engaged employees To avoid doubt, the CEO may, under section 74 of the Public Service Act 1999, engage persons overseas to perform duties overseas as employees. 62 Consultants The CEO may, on behalf of the Commonwealth, engage consultants to perform services for the CEO related to the CEO's functions. 27 Part VII (heading) Repeal the heading, substitute: Part 7—Corporate plans 28 Division 1 of Part VII (heading) Repeal the heading. 29 Subsection 64(1) Repeal the subsection, substitute: (1) The CEO must develop, and prepare in written form, a corporate plan, for the period specified in the plan, that: (a) defines the principal objectives of the CEO in performing his or her functions during that period; and (b) gives a broad outline of the strategies to be pursued by the CEO to achieve those objectives. Note: The heading to section 64 is altered by omitting "Commission" and substituting "CEO". 30 Subsection 64(2) Omit "Division", substitute "Part". 31 Subsection 64(3) Repeal the subsection. 32 Subsection 65(1) Omit "not less than 3 months, or such longer period as is prescribed,". 33 Section 66 Omit "Commission" (wherever occurring), substitute "CEO". 34 Division 2 of Part VII Repeal the Division. 35 Part VIII Repeal the Part. 36 Part IX (heading) Repeal the heading, substitute: Part 9—Miscellaneous 37 Sections 90 to 92 Repeal the sections, substitute: 90 Delegations by Minister and CEO (1) The Minister may, either generally or as otherwise provided in the instrument of delegation, by signed writing, delegate to the CEO all or any of the functions and powers of the Minister: (a) under this Act (other than this power of delegation or the Minister's powers under sections 65 and 66); and (b) under the Export Market Development Grants Act 1997. (2) The CEO may, either generally or as otherwise provided in the instrument of delegation, by signed writing, delegate all or any of his or her functions and powers under this Act or the Export Market Development Grants Act 1997 (other than this power of delegation) to a member of the staff of the Commission referred to in section 60. Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations. 92 Annual reports (1) The CEO must, as soon as practicable after 30 June in each financial year, prepare and give to the Minister a report on the Commission's operations during that financial year. Note: Section 34C of the Acts Interpretation Act 1901 contains provisions relating to annual reports. (2) A report under subsection (1) must include the following: (a) information about the Commission's operations under the Export Market Development Grants Act 1997; (b) particulars of all directions given by the Minister to the CEO under subsection 10(1), other than any direction that includes a statement to the effect that the direction is not to be disclosed: (i) for reasons of national security; or (ii) because its disclosure would have an adverse effect on the financial interests or property interests of the Commonwealth or of an instrumentality of the Commonwealth. (3) The Minister must cause a copy of each annual report to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report. 38 Subsection 94(1) Repeal the subsection, substitute: (1) This section applies to a person who is or has been: (a) the CEO; or (b) a member of the staff of the Commission referred to in section 60; or (c) a consultant engaged under section 62. 39 Subsection 94(4) Omit "the Commission" (first occurring), substitute "a person to whom this section applies". 40 Paragraph 94(4)(b) Omit "Commission" (wherever occurring), substitute "CEO". 41 Sections 95 and 96 Repeal the sections. Part 2—Amendment contingent on the Export Market Development Grants Legislation Amendment Act 2006 Australian Trade Commission Act 1985 42 Subsection 64(4) Repeal the subsection, substitute: (4) The reference in subsection (1) to the functions of the CEO under this Act does not include a reference to any functions conferred on the CEO by the Export Expansion Grants Act 1978. Schedule 2—Consequential amendment of the Export Market Development Grants Act 1997 Part 1—Main amendments Export Market Development Grants Act 1997 1 Reader's guide (purpose of this Act) Before "Austrade", insert "the CEO of". 2 Reader's guide (related legislation) Before "Austrade" (wherever occurring), insert "the CEO of". 3 Reader's guide (diagram 1) Repeal the diagram, substitute: Diagram 1—Is an amount of grant payable to you? (Overview of Act) 4 Reader's guide (diagram 3) Before "Austrade" (wherever occurring), insert "the CEO of". 5 List of terms defined in Part 9 Insert the following entry in its appropriate alphabetical position (determined on a letter‑by‑letter basis): CEO of Austrade 6 Paragraph 6(1)(e) Before "Austrade", insert "the CEO of". 7 Paragraph 6(1)(f) Omit "Austrade", substitute "the CEO". 8 Subsection 6(2) Before "Austrade", insert "the CEO of". 9 Subsection 6(2) (note) Omit "Austrade, Australian law,", substitute "Australian law, CEO of Austrade,". 10 Paragraph 7(1)(a) Omit "in Austrade's opinion", substitute "in the opinion of the CEO of Austrade". 11 Paragraph 7(1)(b) Omit "in Austrade's opinion", substitute "in the CEO's opinion". 12 Paragraph 7(1)(h) Omit "Austrade", substitute "the CEO". 13 Subsection 7(1) (note) Omit "Austrade", substitute "CEO of Austrade". 14 Subsection 7(2) (note) Omit ", Austrade". 15 Paragraph 7(4)(aa) Omit "in Austrade's opinion", substitute "in the opinion of the CEO of Austrade". 16 Paragraphs 7(4)(a) and (h) Omit "Austrade", substitute "the CEO". 17 Subsection 7(4) (note) Omit "Austrade", substitute "CEO of Austrade". 18 Subsection 20(1) Before "Austrade" (first occurring), insert "The CEO of". Note: The heading to section 20 is altered by inserting "The CEO of" before "Austrade". 19 Subsection 20(1) Omit "Austrade" (second occurring), substitute "the CEO". 20 Subsection 20(2) Before "Austrade" (first occurring), insert "the CEO of". 21 Subsection 20(2) Omit "Austrade" (second occurring), substitute "the CEO". 22 Subsection 20(3) Before "Austrade", insert "the CEO of". 23 Subsection 21(1) Before "Austrade", insert "The CEO of". 24 Subsection 21(2) Before "Austrade", insert "the CEO of". 25 Paragraph 21(3)(a) Before "Austrade", insert "the CEO of". 26 Paragraph 21(3)(b) Omit "Austrade", substitute "the CEO". 27 Subsection 22(1) Before "Austrade" (first occurring), insert "the CEO of". Note: The heading to section 22 is altered by inserting "The CEO of" before "Austrade". 28 Subsection 22(1) Omit "Austrade" (second and third occurring), substitute "the CEO". 29 Subsection 22(2) Before "Austrade", insert "The CEO of". 30 Subsection 22(3) Before "Austrade" (first occurring), insert "The CEO of". 31 Subsection 22(3) Omit "Austrade" (second occurring), substitute "the CEO". 32 Subsection 25(4) Before "Austrade", insert "the CEO of". 33 Subsection 25(4) Omit "to it", substitute "to him or her". 34 Paragraph 25A(1)(c) Omit "in Austrade's opinion", substitute "in the opinion of the CEO of Austrade". 35 Subsection 25A(1) (note 2) Omit "Austrade's decisions", substitute "Decisions". 36 Subsection 25A(2) Before "Austrade", insert "the CEO of". 37 Subsection 25A(2) Omit "to it", substitute "to him or her". 38 Section 26 Before "Austrade", insert "the CEO of". 39 Subsection 27(1) Before "Austrade", insert "the CEO of". 40 Section 30 Before "Austrade", insert "the CEO of". Note: The heading to section 30 is altered by inserting "the CEO of" before "Austrade". 41 Subsection 33(2) (table) Omit "in Austrade's opinion" (wherever occurring), substitute "in the opinion of the CEO of Austrade". 42 Subsection 33(2) (note 2) Omit "Austrade's decisions", substitute "Decisions". 43 Paragraph 45(a) Before "Austrade", insert "the CEO of". 44 Paragraph 47(1)(a) Before "Austrade" (first occurring), insert "the CEO of". 45 Paragraph 47(1)(a) Omit "Austrade" (second occurring), substitute "the CEO". 46 Subsection 52(1) Omit "in Austrade's opinion", substitute "in the opinion of the CEO of Austrade". 47 Subsection 52(1) (note) Omit "Austrade's decisions", substitute "Decisions". 48 Paragraph 57(2)(c) Before "Austrade", insert "the CEO of". 49 Section 59 Before "Austrade", insert "the CEO of". 50 Subsection 61(4) Before "Austrade", insert "the CEO of". 51 Section 64 Before "Austrade", insert "the CEO of". Note: The heading to section 64 is altered by inserting "the CEO of" before "Austrade". 52 Subsections 69(1) and 70(1) and (2) Before "Austrade", insert "the CEO of". 53 Paragraph 71(a) Before "Austrade", insert "the CEO of". Note: The heading to section 71 is altered by inserting "the CEO of" before "Austrade". 54 Paragraph 71(b) Omit "Austrade", substitute "the CEO". 55 Subsection 72(1) Before "Austrade" (first occurring), insert "The CEO of". Note: The heading to section 72 is altered by inserting "The CEO of" before "Austrade". 56 Subsection 72(1) Omit "Austrade" (second, third and fourth occurring), substitute "the CEO". 57 Subsection 72(1) Omit "its", substitute "his or her". 58 Subsection 72(2) Before "Austrade" (first occurring), insert "The CEO of". 59 Subsection 72(2) Omit "Austrade" (second and third occurring), substitute "the CEO". 60 Subsection 72(2A) Before "Austrade" (first occurring), insert "The CEO of". 61 Subsection 72(2A) Omit "Austrade" (second, third and fourth occurring), substitute "the CEO". 62 Subsection 72(3) Before "Austrade" (first occurring), insert "the CEO of". 63 Subsection 72(3) Omit "Austrade" (second and third occurring), substitute "the CEO". 64 Subsection 73(1) Before "Austrade" (first occurring), insert "The CEO of". Note: The heading to section 73 is altered by inserting "the CEO of" before "Austrade". 65 Paragraphs 73(1)(b) and (c) Omit "Austrade", substitute "the CEO". 66 Subsection 73(2) Before "Austrade", insert "The CEO of". 67 Subsection 74(1) Before "Austrade", insert "the CEO of". 68 Sections 75 and 76 Before "Austrade", insert "the CEO of". Note: The heading to section 76 is altered by inserting "The CEO of" before "Austrade". 69 Section 79 Before "Austrade" (first occurring), insert "The CEO of". 70 Section 79 Omit "Austrade" (second and third occurring), substitute "the CEO". 71 Subdivision 1 of Division 3 of Part 7 (heading) Repeal the heading, substitute: Subdivision 1—Duties of the CEO of Austrade 72 Subsection 80(1) Before "Austrade" (first occurring), insert "The CEO of". Note: The heading to section 80 is altered by inserting "The CEO of" before "Austrade". 73 Paragraph 80(1)(c) Omit "Austrade", substitute "the CEO". 74 Subsection 80(2) Before "Austrade", insert "the CEO of". 75 Subsection 81(1) Omit "If Austrade's determination", substitute "If a determination by the CEO of Austrade". 76 Subsection 81(2) Before "Austrade", insert "the CEO of". 77 Paragraph 81(3)(b) Before "Austrade", insert "the CEO of". 78 Section 82 Omit "If Austrade's determination that the", substitute "If a determination by the CEO of Austrade that an". 79 Paragraph 82(a) Omit "Austrade", substitute "the CEO". 80 Paragraph 83(1)(a) Omit "Austrade's determination", substitute "the determination by the CEO of Austrade". 81 Paragraph 83(1)(b) Omit "Austrade's", substitute "the CEO's". 82 Section 87AA Before "Austrade" (wherever occurring), insert "the CEO of". 83 Section 88 Before "Austrade" (wherever occurring), insert "the CEO of". 84 Subsections 89(1) and (2) Before "Austrade", insert "the CEO of". 85 Subsection 89(5) (note) Before "Austrade", insert "the CEO of". 86 Subsection 91(1) Before "Austrade" (first occurring), insert "the CEO of". 87 Subsection 91(1) Omit "Austrade" (second occurring), substitute "the CEO". 88 Paragraph 91(1)(a) Omit "Austrade's", substitute "the CEO's". 89 Paragraph 91(1)(b) Omit "Austrade", substitute "the CEO". 90 Subsection 91(2) Before "Austrade", insert "the CEO of". 91 Subsection 91(2) (note) Before "Austrade", insert "the CEO of". 92 Subsection 92(4) Before "Austrade", insert "The CEO of". 93 Subsection 97(1) Before "Austrade", insert "the CEO of". 94 Subsection 98(1) Before "Austrade", insert "the CEO of". 95 Subsection 98(2) Before "Austrade" (first occurring), insert "the CEO of". 96 Paragraph 98(2)(b) Omit "Austrade", substitute "the CEO". 97 Subsection 98(4) Before "Austrade" (first occurring), insert "the CEO of". 98 Subsection 98(4) Omit "Austrade" (second occurring), substitute "the CEO". 99 Section 99 Before "Austrade", insert "the CEO of". Note: The heading to section 99 is altered by omitting "Austrade's decisions" and substituting "decisions of CEO of Austrade". 100 Subsection 100(1) Before "Austrade", insert "The CEO of". 101 Subsection 100(2) Before "Austrade", insert "the CEO of". 102 Subsection 100(3) Before "Austrade" (first occurring), insert "the CEO of". 103 Paragraphs 100(3)(a) and (d) Omit "Austrade", substitute "the CEO". 104 Paragraph 101(1)(a) Before "Austrade", insert "the CEO of". 105 Paragraphs 101(1)(b) to (c) Omit "Austrade", substitute "the CEO". 106 Paragraph 101(1)(c) Omit "its", substitute "his or her". 107 Paragraph 101(1)(d) Omit "Austrade", substitute "the CEO". 108 Subsection 101(2) Before "Austrade" (first occurring), insert "the CEO of". 109 Subsection 101(2) Omit "Austrade" (second occurring), substitute "the CEO". 110 Subsection 101(2) Omit "its", substitute "his or her". 111 Subsection 101(3) Before "Austrade", insert "The CEO of". 112 Subsection 101(3) Omit "its", substitute "his or her". 113 Subsection 103(2) Before "Austrade" (first occurring), insert "the CEO of". 114 Subsection 103(2) Omit "Austrade" (second occurring), substitute "the CEO". 115 Subsection 103(3) Before "Austrade" (first occurring), insert "the CEO of". 116 Subsection 103(3) Omit "Austrade" (second and third occurring), substitute "the Commonwealth". 117 Subsections 104(1) and (2) Before "Austrade", insert "the CEO of". 118 Subsection 104(3) Before "Austrade" (first occurring), insert "the CEO of". 119 Subsection 104(3) Omit "Austrade" (second and third occurring), substitute "the Commonwealth". 120 Subsection 104(4) Omit "Managing Director of Austrade, or by a person acting in the office of Managing Director of Austrade", substitute "CEO of Austrade, or by a person acting as the CEO of Austrade". 121 Paragraph 106(2)(a) Before "Austrade", insert "the CEO of". 122 Section 107 (definitions of approved body, approved joint venture and approved trading house) Before "Austrade", insert "the CEO of". 123 Section 107 Insert: CEO of Austrade means the Chief Executive Officer of Austrade referred to in section 7B of the Australian Trade Commission Act 1985. 124 Section 107 (definition of payout factor) Before "Austrade", insert "the CEO of". 125 Sections 109 and 111 Before "Austrade", insert "the CEO of". Part 2—Amendments contingent on the Export Market Development Grants Legislation Amendment Act 2006 Division 1—Amendments that commence after the EMDG legislation Export Market Development Grants Act 1997 126 Paragraph 24(b) Before "Austrade", insert "the CEO of". 127 Section 24 (note) Omit "Austrade's decisions", substitute "Decisions". 128 Subsection 33(2) (note 3) Omit "Austrade can make certain adjustments if it", substitute "the CEO of Austrade can make certain adjustments if he or she". 129 Subsection 37(1) (note 2) Omit "Austrade's decisions", substitute "Decisions". 130 Subsection 37(1A) Before "Austrade", insert "the CEO of". 131 Subsection 93(2) Before "Austrade", insert "the CEO of". 132 Subparagraph 94(1)(b)(ii) Before "Austrade", insert "the CEO of". 133 Subsection 94(1) (note) Omit "Austrade's decisions", substitute "Decisions". 134 Subsection 94(2) Before "Austrade" (first occurring), insert "the CEO of". 135 Paragraph 94(2)(b) Omit "Austrade" (wherever occurring), substitute "the CEO". 136 Section 95 Before "Austrade", insert "the CEO of". 137 Subsection 96(1) Before "Austrade", insert "the CEO of". Note: The heading to section 96 is altered by inserting "the CEO of" before "Austrade". 138 Subsection 96(2) Before "Austrade" (first occurring), insert "the CEO of". 139 Paragraph 96(2)(a) Omit "Austrade is of that opinion and of Austrade's", substitute "the CEO is of that opinion and of the CEO's". 140 Paragraph 96(2)(b) Omit "Austrade", substitute "the CEO". 141 Subsection 96(3) Before "Austrade" (first occurring), insert "the CEO of". 142 Subsection 96(3) Omit "Austrade" (second occurring), substitute "the CEO". 143 Paragraph 96(3)(a) Omit "it", subs