Export Expansion Grants Act 1978
Act No. 162 of 1978 as amended
[Note: This Act was repealed by Act No. 57 of 2006 on 21 June 2006]
This compilation was prepared on 26 May 2001
taking into account amendments up to Act No. 35 of 2001
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
Part I—Preliminary
1 Short title [see Note 1]...........................
2 Commencement...............................
3 Interpretation.................................
4 Eligible goods................................
5 Export earnings...............................
6 Export earnings increment.........................
7 Calculation of export earnings increment................
8 Residents of Australia............................
9 Change in ownership of business etc....................
10 Trust estates.................................
10A Application of the Criminal Code
Part II—Grants
11 Grants.....................................
12 Claims for grants...............................
13 Incentive grant entitlements........................
14 Persons not eligible for grants.......................
Part III—Administration
15 Australian Trade Commission.......................
Part IV—Miscellaneous
16 Adjustment of amounts...........................
17 Review of decisions of Commission...................
19 Recovery of overpayments.........................
20 Reports....................................
21 Grant moneys to be appropriated.....................
22 Regulations..................................
Notes
An Act relating to grants for the purpose of providing incentives for the expansion of exports
Part I—Preliminary
1 Short title [see Note 1]
This Act may be cited as the Export Expansion Grants Act 1978.
2 Commencement
This Act shall be deemed to have come into operation on 1 July 1977.
3 Interpretation
(1) In this Act, unless the contrary intention appears:
authority or association means:
(a) an authority constituted by a law of the Commonwealth or of a State or internal Territory;
(b) a corporation, other than an authority referred to in paragraph (a), constituted for a public purpose by or under a law of the Commonwealth or of a State or internal Territory;
(c) a co‑operative association; or
(d) any other body or association, corporate or unincorporated, representing the interests of an industry or of a substantial part of an industry.
claim means a claim under section 12, and claimant has a corresponding meaning.
Commission means the Australian Trade Commission established by section 7 of the Australian Trade Commission Act 1985.
company includes all bodies and associations, corporate or unincorporated, but does not include partnerships.
disposal includes sale, grant, assignment or supply.
eligible goods has the meaning given by section 4.
eligible industrial property rights means rights in relation to inventions or trade marks, or copyright in relation to works, designs and other things, being:
(a) inventions, works, designs or things that, in the opinion of the Commission, have, to a substantial extent, resulted from research or work performed in Australia; or
(b) trade marks that, in the opinion of the Commission, were first used in Australia or have increased…
Overview
The Export Expansion Grants Act 1978 was enacted to provide incentives for the expansion of exports by offering grants to eligible claimants. This legislation was introduced to address the need for financial support to encourage businesses to expand their export activities, thereby contributing to the overall economic growth of Australia. The Act was enacted by the Parliament of Australia and its policy objective was to stimulate export activities by providing financial incentives. The Act was repealed by the Foreign Affairs and Trade Legislation Amendment (Application of Criminal Code) Act 2001 on 21 June 2006.
Scope and Application
The Export Expansion Grants Act 1978 provides for the payment of grants to persons incentivising the expansion of exports from Australia. The Act applies to eligible persons, including individuals and companies who are residents of Australia, and it excludes States, the Northern Territory, and certain authorities or associations specified by regulations. The geographic scope of the Act is national, targeting export activities from Australia. The Act is administered by the Australian Trade Commission, and its application may be extended or restricted through subordinate instruments, such as regulations that define eligible goods and services, and specify excluded categories or circumstances. The Act was repealed by the Foreign Affairs and Trade Legislation Amendment (Application of Criminal Code) Act 2001, effective from 26 May 2001.
Key Provisions
- The Export Expansion Grants Act 1978 (the Act) provides for the payment of grants to eligible persons to encourage the expansion of exports. Under the Act, the Australian Trade Commission (the Commission) is responsible for assessing claims for grants and determining the amount of any incentive grant entitlement. Grants are payable only to eligible persons, which are defined in section 4 of the Act as goods manufactured, produced, assembled or processed in Australia, provided that they do not exceed certain thresholds of foreign content and meet other criteria. The amount of any grant is determined by calculating the export earnings increment of the claimant, which is the amount by which the claimant's export earnings for a particular year exceed a specified base amount. The Act also provides for the adjustment of export earnings, the review of decisions by the Commission, the recovery of overpayments, and the making of reports to the Minister.
- The Act imposes several obligations on the parties it governs. For example, section 12 requires a person desiring to obtain a grant to submit a claim to the Commission. The claim must be submitted within five months after the end of the relevant grant year, or within such further time as the Commission allows. The claim must also be submitted in the form and manner approved by the Commission, and the claimant must supply such further information, or make available to the Commission such books, records or documents, as the Commission specifies. The Commission may refuse to consider a claim unless the claimant complies with these requirements. Similarly, section 19 provides that a person who has been paid a grant in consequence of making a statement, or presenting a book, record or document, that was false or misleading, shall be indebted to the Commonwealth in an amount equal to the amount so paid. The amount of that indebtedness may be deducted from moneys payable to that person under the Act, or recovered from that person by the Commonwealth in a court of competent jurisdiction.
- Breach of the Act may result in civil or criminal penalties. For example, section 19 provides that a person who has been paid a grant in consequence of making a statement, or presenting a book, record or document, that was false or misleading, shall be indebted to the Commonwealth in an amount equal to the amount so paid. The amount of that indebtedness may be deducted from moneys payable to that person under the Act, or recovered from that person by the Commonwealth in a court of competent jurisdiction. Similarly, section 10A of the Act provides that Chapter 2 of the Criminal Code applies to all offences against the Act. Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility, including the principles of mens rea and actus reus. The maximum penalties for offences against the Act are not specified in the Act itself, but would depend on the specific offence and the circumstances in which it was committed. However, it is worth noting that the maximum penalty for a criminal offence under Australian law is generally imprisonment for a term of up to 25 years, a fine of up to $275,000, or both.
- Area of Law
- Commercial Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
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