Export Expansion Grants Regulations (Cth)

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Export Expansion Grants Regulations

Statutory Rules 1979 No. 13 as amended

made under the

Export Expansion Grants Act 1978

This compilation was prepared on 2 July 2004

taking into account amendments up to SR 1982 No. 143

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

1Citation [see Note 1]

These Regulations may be cited as the Export Expansion Grants Regulations.

2Interpretation

In these Regulations, unless the contrary intention appears:
cattle means bovine animals (other than buffaloes).
development project means a project by way of:
(a)
the design, supply or installation of equipment or facilities;
(b)
the construction of works; or
(c)
the development of urban or regional areas;
and includes any necessary preliminary studies, investigations or planning.
fishing operations means operations relating directly to:
(a)
the taking or catching of fish, turtles, dugong, crustacea or oysters or other shellfish;
(b)
the taking or catching of pearl shell, trochus, beche-de-mer or green snails;
(c)
fish or oyster farming; or
(d)
the culture of pearls or pearl shell.
forest operations means the planting or tending in a plantation or forest of trees intended for felling or the felling of trees in a plantation or forest, and includes the transport by a person who has felled trees in a plantation or forest of those trees or arts of those trees from the plantation or forest to a place where they are to be first subjected to milling or processing (including processing for the production of posts, poles or railway sleepers) or to a place from which they are to be transported to such a place.
gold includes an alloy containing gold the value of which exceeds the total value of all other ingredients in the alloy.
hides means hides or skins of cattle or sheep and includes such hides or skins at any stage of processing for the purpose of preservation up to and including the stage known as the wet blue stage or a stage that is commonly regarded as equivalent to that stage, but does not include such hides or skins that have been processed for any purpose beyond the wet blue stage or an equivalent stage.
meat means the flesh (other than flesh that has been cooked or smoked) of cattle or sheep, whether bone-in or bone-out, that is fresh, chilled or frozen.
meat and bone meal means the product obtained by drying and grinding meat pieces, containing a high proportion of bone, from warm-blooded land animals that is substantially free of hair, bristle, feathers, horn, hoof, skin and blood and of the contents of the stomach and viscera.
meat meal means the product obtained by drying and grinding carcasses and parts of carcasses of warm-blooded land animals, with the fat removed by process of extraction if necessary, that is virtually free of hair, bristle, feathers, horn, hoof and skin and of the contents of the stomach and viscera.
offal means any part of a cattle carcase or sheep carcase other than the flesh of the carcase, being a part that is fresh, chilled or frozen but does not include hides.
sheep means ovine animals (other than goats).
silver includes an alloy containing silver the value of which exceeds the total value of all other ingredients in the alloy.
tallow means:
(a)
tallow derived from cattle or sheep; or
(b)
a tallow mix consisting of not less than 50% by weight of tallow derived from cattle or sheep.
the Act means the Export Expansion Grants Act 1978.
unwrought aluminium includes an alloy containing aluminium the mass of which exceeds the total mass of all other ingredients in the alloy.
woodchips means wood that has been broken down into a form suitable for the production of woodpulp.

3Verification of claim

A claim under section 12 of the Act shall be verified by a statutory declaration, in accordance with the form in Schedule 1, made:
(a)
if the claimant is a natural person-by that person;
(b)
if the claimant is a partnership of natural persons-by one of those persons; or
(c)
if the claimant is:
(i)
an authority constituted by a law of the Commonwealth of Australia, a State or an internal Territory; or
(ii)
any other body or association, whether corporate or unincorporate;
by a person, being one of the persons responsible for the management of the authority, body or association, authorized by the authority, body or association to make that declaration.

4Eligible services

Services of each kind specified in Schedule 2 are declared to be eligible services.

4AExcluded goods

Goods of each kind specified in Column 2 of Schedule 3 in an item in that Schedule are declared to be excluded goods.

4BCalculation of export earnings increment where goods become excluded goods

(1)
In this regulation:
prescribed earnings, in relation to a person, means earnings of the person:
(a)
that are attributable to the export by the person of goods of a kind specified in Schedule 3; and
(b)
that were export earnings at the time that they were received or receivable by him.
relevant grant year means the grant year that commenced on 1 July 1981 or a subsequent grant year.
(2)
Where the export earnings of a person in a relevant grant year or in any of the 3 years immediately preceding the relevant grant year include prescribed earnings, the export earnings increment of that person is to be calculated as if the amount of his export earnings had been lower than they actually were by an amount equal to the amount of his prescribed earnings.

5Application

Regulation 4 of these Regulations applies in respect of claims relating to the grant year that commenced on 1 July 1977 or each succeeding grant year.

6Adjustment of export earnings in relation to export of certain meat

(1)
The export earnings increment of a person in respect of the grant year that commenced on 1 July 1977 shall be calculated:
(a)
where the person had export earnings in at least 2 of the 3 immediately preceding years-as if the aggregate of the export earnings of the person during the years in which he had export earnings had been lower than it actually was by an amount ascertained in accordance with the formula:

,

where:
M is an amount equal to the aggregate of the amount of consideration received or receivable by the person that is attributable to the export by the person in the 3 years immediately preceding the grant year of prescribed meat.
Y is the number of years, in the 3 years immediately preceding the grant year, during which the person had export earnings.
X is the amount of consideration received or receivable by the person that is attributable to the export by the person in that grant year of prescribed meat; and
(b)
where the person had export earnings in only one of the 3 immediately preceding years-as if the export earnings of the person during that year had been lower than they actually were by an amount ascertained in accordance with the formula:

,

where M and X have the same respective meanings as in paragraph (a).
(2)
The export earnings increment of a person in respect of a prescribed grant year shall be calculated as if the export earnings of the person during each of the 3 years immediately preceding that grant year had been lower than they actually were by an amount equal to the amount of consideration received or receivable by the person that is attributable to the export by the person of prescribed meat.
(3)
Where, in the application to a person of the formula in paragraph (1) (a) or (b), the value of YX or 1.33X, as the case may be, is greater than the value of M, the value of YX or 1.33X shall, for the purpose of the application of the formula to that person, be deemed to be equal to the value of M .
(4)
Where, in the application to a person of subregulation (1) or (2), the amount calculated in accordance with that subregulation in respect of a year is equal to the export earnings of the person in that year, the amount calculated in accordance with that subregulation shall, by virtue of this subregulation, be reduced by $100.
(5)
In this regulation:
prescribed grant year means each of the grant years commencing on 1 July 1978, 1 July 1979 and 1 July 1980.
prescribed meat means meat, in whatever form, exported to the United States of America or Canada by virtue of a quota allocated under a scheme prepared by the Australian Meat Board, whether the meat is derived from cattle, sheep or any other animal.

7Adjustment of export earnings increment as a consequence of loss of export earnings

(1)
In this regulation, a reference to export earnings lost by a person is a reference to export earnings in relation to which the Board is satisfied on an application made in accordance with this regulation that that person, under the terms of a firm contract entered into before 23 May 1980, would have had in a grant year commencing on 1 July 1979 or 1980 but, as a consequence of the operation of regulation 6B of the Customs (Prohibited Exports) Regulations, did not have.
(2)
A person may make application to the Board in accordance with subregulation (3) for the purposes of subregulation (1).
(3)
An application under subregulation (2) shall set out all material by which the applicant seeks to prove the existence of the contract referred to in subregulation (1).
(4)
For the purposes of subsection 7 (1) of the Act, the export earnings increments of persons in relation to a grant year commencing on 1 July 1979 or 1980 are to be calculated as if the export earnings of persons:
(a)
where a person had export earnings in each of the 3 immediately preceding years — during those years;
(b)
where a person had export earnings in only 2 of the 3 immediately preceding years — during those 2 years; or
(c)
where a person had export earnings in only one of the 3 immediately preceding years — during that year;
had been lower, than they actually were by:
(d)
an amount calculated in the manner specified in subregulation (5); or
(e)
an amount that is 1 dollar less than those export earnings;
whichever is the lesser.
(5)
For the purposes of subregulation (4), the amount by which the export earnings of a person are, under that subregulation, to be reduced is to be calculated by ascertaining the amount of export earnings lost by that person.

Schedule 1Statutory Declaration Verifying Claim

(regulation 3)

COMMONWEALTH OF AUSTRALIA

Export Expansion Grants Act 1978

I

(Given names) (Surname)

of

(Address)

solemnly and sincerely declare as follows:

1. I am a person entitled to make this Statutory Declaration in relation to the claim made on .................... 19 ..... by

(Date of claim) (Full name of claimant)

for a grant under the Export Expansion Grants Act 1978
2. The information set out in the claim form relating to that claim*, and in the documents annexed to the claim form, is true and correct in every particular.

AND I make this solemn declaration by virtue of the Statutory Declarations Act 1959, and subject to the penalties provided by that Act for the making of false statements in statutory declarations, conscientiously believing the statements contained in this declaration to be true in every particular.

Signature of Declarant . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Declared by the above ....................at

in the State/Territory of the

day of .................... 19......

Before me . . . . . . . . . .

Title . . . . . . . . . .

* Delete if inapplicable

Delete whichever is inapplicable

Schedule 2Eligible Services

(regulation 4)

1. Technical or advisory services supplied in relation to a development

project that is, or is to be, carried out in a country other than Australia, being:

(a)
services in the field of architecture;
(b)
services in the field of construction;
(c)
services in the field of economic evaluation;
(d)
services in the field of engineering;
(e)
services in the field of land survey;
(f)
services in the field of quantity surveying; or
(g)
services in the field of scientific, technological or economic research or planning.
2. Technical or advisory services supplied in relation to the exploration,

prospecting or mining for, or processing of, minerals in a country other than Australia, being:

(a)
services in the field of economic evaluation;
(b)
services in the field of geological or geophysical survey;
(c)
services in the field of metallurgy;
(d)
services in the field of mining engineering;
(e)
services in respect of mining or quarrying operations; or
(f)
services in respect of the processing of petroleum.
3. Advisory services supplied in relation to a project by way of:
(a)
the cultivation of land;
(b)
the maintenance of live-stock or poultry;
(c)
fishing operations; or
(d)
forest operations;

being a project that is, or is to be, carried out in a country other than

Australia.

4. Services by way of maintenance of computer equipment.
5. Management consultancy services, being services supplied to a person,

government or international organization in relation to activities carried on or intended to be carried on by the person, government or international organization, as the case may be, to improve managerial, operating and economic performance by means of identifying and investigating problems concerned with policy, organization, procedures and methods and recommending solutions to those problems, including the implementing of those solutions.

6. Services by way of provision of eligible goods under an agreement for lease or hire of those goods.

Schedule 3Excluded Goods

(regulation 4A)

Column 1	Column 2
Item	Goods
1	Gold
1A	Gold coins
2	Hides
3	Meat
4	Meat and bone meal
5	Meat meal
6	Mineral or metallic substance produced in the course of processing or treatment of goods referred to in Item 1, 8, 11, 12 or 13, including residue, speiss, slag, dross, scale, matte, sweepings, ash, sludge, slime and dust so produced, not being waste material
7	Offal
8	Silver
9	tallow
10	Woodchips
11	Unrefined copper
12	Unrefined lead
13	Unwrought aluminium

Notes to the Export Expansion Grants Regulations

Note 1

The Export Expansion Grants Regulations (in force under the Export Expansion Grants Act 1978) as shown in this compilation comprise Statutory Rules 1979 No. 13 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1979 No. 13	31 Jan 1979	31 Jan 1979
1979 No. 105	29 June 1979	1 July 1979	—
1980 No. 127	30 May 1980	30 May 1980	—
1980 No. 186	30 June 1980	1 July 1980	—
1980 No. 287	26 Sept 1980	26 Sept 1980	R. 5
1980 No. 397	31 Dec 1980	31 Dec 1980	R. 2
1981 No. 137	12 June 1981	12 June 1981	R. 2
1981 No. 183	30 June 1981	30 June 1981	—
1981 No. 322	4 Nov 1981	4 Nov 1981	R. 2
1982 No. 143	28 June 1982	28 June 1982	—

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 2.........................................	am. 1979 No. 105; 1980 Nos. 186 (rep. by 1980 No. 287) and 287
R. 4A.......................................	ad. 1979 No. 105
rs. 1980 Nos. 186 (rep. by 1980 No. 287) and 287
R. 4B.......................................	ad. 1982 No. 143
R. 6.........................................	ad. 1980 No. 127
R. 7.........................................	ad. 1981 No. 183
Schedule 2
Schedule 2.............................	am. 1980 No. 397; 1981 No. 322
Schedule 3
Schedule 3.............................	ad. 1979 No. 105
rs. 1980 Nos. 186 (rep. by 1980 No. 287) and 287
am. 1981 No. 137

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