Export Market Development Grants Act 1974 (Cth)
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974
- Updated as at 1 November 1996 (#DATE 01:11:1996)
- Updated as at 1 November 1996 (#DATE 01:11:1996)
*1* The Export Market Development Grants Act 1974 as shown in this reprint comprises Act No. 154, 1974 amended as indicated in the Tables below.
Act Date Date of Application
Number and of assent commencement saving or
year transitional
provisions
Export Market Development Grants Act 1974
154, 1974 17 Dec 1974 1 July 1974
Administrative Changes (Consequential Provisions) Act 1978
36, 1978 12 June 1978 12 June 1978 S. 8
Export Market Development Grants Amendment Act 1978
192, 1978 6 Dec 1978 6 Dec 1978 Ss. 13 (2) and
21-23
Commonwealth Functions (Statutes Review) Act 1981
74, 1981 18 June 1981 Part XI (ss. 182-184): S. 264
Royal Assent (a)
Export Grants Acts Amendment Act 1981
119, 1981 9 Sept 1981 1 Feb 1982 (see Gazette S. 4 (2)
1982, No. S18)
Export Market Development Grants Amendment Act 1982
157, 1982 31 Dec 1982 Ss. 4 (3) and 5 (2): Ss. 2 (3), 7
1 July 1983 (2) and 9 (2)
Remainder: Royal Assent S. 2 (2) (am.
by 110, 1985,
s. 27)
as
amended
by
110, 1985 16 Oct 1985 16 Oct 1985 S. 2 (2) and (3)
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985
65, 1985 5 June 1985 S. 3: 3 July 1985 (b) -
Export Market Development Grants Amendment Act 1985
110, 1985 16 Oct 1985 16 Oct 1985 S. 2 (2)
Ss. 24 and 25 (am. by
187, 1985, s. 60)
as
amended
by
Australian Trade Commission (Transitional Provisions and Consequential
Amendments) Act 1985
187, 1985 16 Dec 1985 S. 60: (c) S. 60 (2)
Australian Trade Commission (Transitional Provisions and Consequential
Amendments) Act 1985
187, 1985 16 Dec 1985 S. 32: Royal Assent Ss. 2 (3), 35
Ss. 33-44: (d) (2), 43 and 44
as
amended
by
Statute Law (Miscellaneous Provisions) Act 1987
141, 1987 18 Dec 1987 S. 3: (e) S. 5 (1)
Statute Law (Miscellaneous Provisions) Act (No. 2) 1986
168, 1986 18 Dec 1986 S. 3: Royal Assent (f) S. 5 (1)
Statute Law (Miscellaneous Provisions) Act 1987
141, 1987 18 Dec 1987 S. 3: (g) S. 5 (1)
Statute Law (Miscellaneous Provisions) Act 1988
38, 1988 3 June 1988 S. 3: Royal Assent (h) S. 5 (1)
Export Market Development Grants Amendment Act 1988
90, 1988 14 Nov 1988 1 July 1988 S. 10
Export Market Development Grants Amendment Act 1990
27, 1990 24 May 1990 24 May 1990 -
Export Market Development Grants Amendment Act (No. 2) 1990
8, 1991 21 Jan 1991 1 July 1991 -
as
amended
by
Export Market Development Grants Legislation Amendment Act 1993
108, 1993 22 Dec 1993 (see 108, 1993 below) -
Industry, Technology and Commerce Legislation Amendment Act 1991
66, 1991 15 June 1991 15 June 1991 (i) -
Export Market Development Grants Amendment Act 1992
186, 1992 17 Dec 1992 1 July 1992 -
Export Market Development Grants Legislation Amendment Act 1993
108, 1993 22 Dec 1993 Part 3 (ss. 29-31): S. 3
1 July 1990
Remainder: Royal Assent
Export Market Development Grants Amendment Act 1994
123, 1994 6 Oct 1994 6 Oct 1994 Ss. 3, 6, 8,
10, 11, 14 and
15
Export Market Development Grants Amendment Act 1995
83, 1995 30 June 1995 S. 3 (Part 15): Ss. 4-6
1 July 1990
Remainder: Royal Assent
Export Market Development Grants Amendment Act (No. 1) 1996
23, 1996 28 June 1996 Schedule 8: (j) Sch. 1 (item
Remainder: Royal Assent 2), Sch. 2
(item 4), Sch.
3 (item 4),
Sch. 5 (item
4), Sch. 6
(item 2), Sch.
7 (item 5),
Sch. 8 (item
4), Sch. 9
(item 3)
Statute Law Revision Act 1996 43, 1996 25 Oct 1996 Schedule 2 (item 55): - (k) (a) The Export Market Development Grants Act 1974 was amended by Part XI (sections 182-184) only of the Commonwealth Functions (Statutes Review) Act 1981, subsection 2 (1) of which provides as follows:
"(1) Parts I, IV, IX, X, XI, XII, XIII, XV, XVII (other than sections 220, 221, 222, 223, 225, 226, 227, 228 and 230), XX, XXI, XXII and XXIII shall come into operation on the day on which this Act receives the Royal Assent."
(b) The Export Market Development Grants Act 1974 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent."
(c) The Export Market Development Grants Amendment Act 1985 was amended by section 60 only of the Australian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985, subsection 2 (1) of which provides as follows:
"(1) Subject to subsections (2) and (3), this Act shall come into operation on the commencing day."
Section 3 of the Australian Trade Commission Act 1985 defines "commencing day" as the day fixed by Proclamation for the purposes of subsection 2 (2) of that Act.
The date fixed was 6 January 1986 (see Gazette 1985, No. S551).
(d) The Export Market Development Grants Act 1974 was amended by sections 32-44 only of the Australian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985, subsections 2 (1) and (2) of which provide as follows:
"(1) Subject to subsections (2) and (3), this Act shall come into operation on the commencing day.
(2) Sections 1, 2, 3, 4, 12, 19, 32 and 61 shall come into operation on the day on which this Act receives the Royal Assent."
For the definition of "commencing day" see (c) above.
(e) The Australian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1987, subsection 2 (5) of which provides as follows:
"(5) The amendment of the Australian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985 made by this Act shall be deemed to have come into operation on the commencement of section 42 of the first-mentioned Act."
Section 42 commenced on 6 January 1986 (see Gazette 1985, No. S551).
(f) The Export Market Development Grants Act 1974 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1986, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent."
(g) The Export Market Development Grants Act 1974 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1987, subsections 2 (1) and (14) of which provide as follows:
"(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
"(14) The amendments of the Export Market Development Grants Act 1974, made by this Act (other than the omission and substitution of subsection 43 (6) of the first-mentioned Act) shall be deemed to have come into operation on 20 May 1985."
(h) The Export Market Development Grants Act 1974 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent."
(i) "(2) The amendments of the Export Market Development Grants Act 1974 made by this Act are taken to have commenced immediately after the commencement of the Export Market Development Grants Amendment Act (No. 2) 1990."
The Export Market Development Grants Amendment Act (No. 2) 1990 came into operation on 1 July 1990.
(j) "(2) Schedule 8 commences immediately after the commencement of Schedule 5."
Schedule 5 commenced on 28 June 1996.
(k) The Export Market Development Grants Act 1974 was amended by Schedule 2 (item 55) only of the Statute Law Revision Act 1996, subsection 2(2) of which provides as follows: "(2) Each item in Schedule 2 commences or is taken to have commenced (as the case requires) at the time specified in the note at the end of the item." Item 55 is taken to have commenced immediately after the commencement of section 6 of the Export Market Development Grants Amendments Act (No. 2) 1990." The Export Market Development Grants Amendments Act (No. 2) 1990 came into operation on 1 July 1990. Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
Title
am. No. 192, 1978; No. 110, 1985
S. 3
am. Nos. 36 and 192, 1978; No. 74, 1981;
No. 157, 1982; Nos. 110 and 187, 1985; No. 141,
1987; No. 90, 1988; No. 27, 1990; No. 8, 1991
(as am. by No. 108, 1993); No. 186, 1992; No. 108,
1993; No. 123, 1994; No. 83, 1995; No. 23, 1996
S. 3A
ad. No. 110, 1985
am. No. 187, 1985; No. 141, 1987; No. 8, 1991
(as am. by No. 108, 1993); No. 108, 1993; No. 83,
1995
S. 4
am. No. 192, 1978; No. 157, 1982; Nos. 110 and
187, 1985; No. 141, 1987; Nos. 38 and 90, 1988
rep. No. 8, 1991
S. 5
am. No. 192, 1978; No. 187, 1985
S. 6
rs. No. 192, 1978; No. 157, 1982
rep. No. 110, 1985
ad. No. 90, 1988
S. 7
rep. No. 192, 1978
ad. No. 23, 1996
Ss. 8, 9
rep. No. 192, 1978
S. 10
rep. No. 192, 1978
ad. No. 110, 1985
rep. No. 83, 1995
S. 11
am. No. 192, 1978; Nos. 110 and 187, 1985
Part 1A (ss. 11A-11Z, 11ZA-11ZE)
ad. No. 8, 1991
Ss. 11A, 11B
ad. No. 8, 1991
Heading to s. 11E
am. No. 83, 1995
S. 11C
ad. No. 8, 1991
am. No. 83, 1995; No. 23, 1996
Ss. 11D, 11E
ad. No. 8, 1991
am. No. 83, 1995
S. 11F
ad. No. 8, 1991
am. No. 66, 1991
S. 11G
ad. No. 8, 1991
S. 11H
ad. No. 8, 1991
am. No. 66, 1991
Ss. 11J, 11K
ad. No. 8, 1991
S. 11L
ad. No. 8, 1991
am. No. 108, 1993; No. 123, 1994; No. 83, 1995
S. 11M
ad. No. 8, 1991
am. No. 108, 1993
Ss. 11N, 11P
ad. No. 8, 1991
rs. No. 83, 1995
Ss. 11Q, 11R
ad. No. 8, 1991
S. 11S
ad. No. 8, 1991
am. No. 83, 1995; No. 23, 1996
Ss. 11T, 11U
ad. No. 8, 1991
Ss. 11UA, 11UB
ad. No. 108, 1993
am. No. 83, 1995
S. 11V
ad. No. 8, 1991
am. No. 66, 1991; No. 83, 1995
S. 11W
ad. No. 8, 1991
S. 11X
ad. No. 8, 1991
am. No. 66, 1991
S. 11XA
ad. No. 23, 1996
S. 11Y
ad. No. 8, 1991
S. 11YA
ad. No. 108, 1993
am. No. 83, 1995
S. 11YB
ad. No. 23, 1996
S. 11Z
ad. No. 8, 1991
am. No. 83, 1995
S. 11ZA
ad. No. 8, 1991
am. No. 83, 1995; No. 43, 1996
Ss. 11ZB-11ZD
ad. No. 8, 1991
S. 11ZE
ad. No. 8, 1991
am. No. 108, 1993; No. 83, 1995
Heading to Div. 1 of Part II
ad. No. 108, 1993
S. 12
am. No. 187, 1985; No. 8, 1991; No. 108, 1993
S. 12A
ad. No. 23, 1996
Heading to Div. 2 of Part II
ad. No. 108, 1993
Heading to Subdiv. A of Div. 2 of Part II
ad. No. 23, 1996
S. 13
am. No. 192, 1978; Nos. 110 and 187, 1985;
No. 90, 1988; No. 8, 1991; No. 108, 1993; No. 83,
1995; No. 23, 1996
S. 13A
ad. No. 108, 1993
am. No. 83, 1995
Subdiv. B of Div. 2 of Part II (ss. 13B-13F)
ad. No. 23, 1996
Ss. 13B-13F
ad. No. 23, 1996
Div. 2A of Part II (ss. 13H, 13I)
ad. No. 23, 1996
Ss. 13H, 13I
ad. No. 23, 1996
Div. 2B of Part II (ss. 13J-13L)
ad. No. 23, 1996
Ss. 13J-13L
ad. No. 23, 1996
Heading to Div. 3 of Part II
ad. No. 108, 1993
S. 14
rs. No. 192, 1978
am. No. 157, 1982; No. 110, 1985; No. 141,
1987; No. 90, 1988; No. 27, 1990
rs. No. 8, 1991
am. No. 186, 1992; No. 108, 1993; No. 123, 1994
S. 14A
ad. No. 108, 1993
S. 14B
ad. No. 108, 1993
am. No. 83, 1995
S. 15
rs. No. 192, 1978; No. 157, 1982
rep. No. 110, 1985
ad. No. 186, 1992
am. No. 108, 1993; No. 83, 1995
S. 16
rs. No. 192, 1978; No. 157, 1982
am. No. 110, 1985; No. 141, 1987; No. 90, 1988
rs. No. 8, 1991
am. No. 66, 1991; No. 186, 1992; No. 108, 1993;
No. 83, 1995; No. 23, 1996
S. 16AA
ad. No. 108, 1993
S. 16A
ad. No. 8, 1991
am. No. 186, 1992; No. 108, 1993
Ss. 17, 18
rep. No. 192, 1978
S. 19
am. No. 192, 1978
rs. No. 110, 1985
am. No. 187, 1985
rs. No. 90, 1988
am. No. 8, 1991; No. 108, 1993; No. 83, 1995;
No. 23, 1996
S. 19A
ad. No. 83, 1995
S. 20
am. No. 187, 1985
Div. 4 of Part II (ss. 21-23)
ad. No. 83, 1995
Part III (ss. 21-33, 36, 37)
rep. No. 187, 1985
S. 21
rep. No. 187, 1985
ad. No. 83, 1995
S. 22
am. No. 192, 1978
rep. No. 187, 1985
ad. No. 83, 1995
S. 23
am. No. 192, 1978; No. 119, 1981
rep. No. 187, 1985
ad. No. 83, 1995
S. 24
am. No. 119, 1981
rep. No. 187, 1985
Ss. 25-27
rep. No. 187, 1985
Ss. 28, 29
am. No. 119, 1981
rep. No. 187, 1985
S. 30
am. No. 192, 1978; No. 119, 1981
rep. No. 187, 1985
S. 31
rs. No. 157, 1982
rep. No. 187, 1985
S. 32
rs. No. 119, 1981
rep. No. 187, 1985
S. 33
rs. No. 192, 1978
am. No. 119, 1981; No. 157, 1982
rep. No. 187, 1985
S. 34
rep. No. 192, 1978
S. 35
rs. No. 119, 1981
rep. No. 65, 1985
S. 36
rep. No. 187, 1985
S. 37
am. No. 36, 1978; No. 110, 1985
rep. No. 187, 1985
S. 38
rs. No. 192, 1978; No. 110, 1985
am. No. 187, 1985; No. 168, 1986; No. 141,
1987; No. 8, 1991 (as am. by No. 108, 1993);
No. 108, 1993
S. 39
am. No. 192, 1978; No. 110, 1985; No. 187,
1985 (as am. by No. 141, 1987); No. 38, 1988;
No. 83, 1995
S. 39A
am. No. 187, 1985; No. 108, 1993
S. 40
am. No. 192, 1978; No. 119, 1981; No. 187, 1985
S. 40AAA
ad. No. 157, 1982
rep. No. 110, 1985
S. 40A
ad. No. 192, 1978
am. No. 157, 1982; No. 187, 1985; No. 8, 1991;
No. 108, 1993; No. 123, 1994; No. 23, 1996
S. 40AA
ad. No. 157, 1982
am. No. 187, 1985; No. 8, 1991
S. 40B
ad. No. 192, 1987
am. Nos. 110 and 187, 1985; No. 8, 1991
Ss. 40BA, 40BB
ad. No. 8, 1991
am. No. 123, 1994
S. 40BC
ad. No. 8, 1991
Ss. 40BD, 40BE
ad. No. 8, 1991
am. No. 123, 1994; No. 23, 1996
S. 40BG
ad. No. 8, 1991
S. 40BH
ad. No. 23, 1996
S. 40C
ad. No. 110, 1985
am. No. 187, 1985; No. 108, 1993
Ss. 41, 42
rep. No. 187, 1985
ad. No. 8, 1991
am. No. 123, 1994; No. 83, 1995
Ss. 42A-42C
ad. No. 123, 1994
S. 43
am. No. 192, 1978; No. 74, 1981; No. 110, 1985;
No. 141, 1987; No. 8, 1991; No. 83, 1995
#ADD 7:1:1997
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
Section
PART I - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
3A. Export earnings
5. Eligible goods
6. Expenditure in relation to New Zealand trade not eligible etc.
7. Extended meaning of ordinarily employed
11. Residents of Australia
PART 1A - ELIGIBLE EXPENDITURE
Division 1 - General
11A. Operation of this Part
11B. Subscriptions to industry associations etc.
Division 2 - Claimable expenditure
11C. Expenses of agent
11D. Expenses associated with providing free samples or technical information
11E. Expenses for preparation of tenders and quotations (eligible
services, eligible internal educational services, eligible
external governmental educational services, eligible know-how,
eligible internal services, eligible goods, eligible tourism
services or designated tourism services)
11F. Expenses for packaging and labelling eligible goods
11G. Expenses for certain educational courses
11H. Expenses for foreign language training
11J. Expenses for foreign registration of eligible industrial property
rights
11K. Expenses for insurance to protect eligible industrial property rights
11L. Hotels, meals and entertainment expenses on overseas visits ($200
a day allowance)
11M. Amounts paid to directors
Division 3 - Non-claimable expenditure
11N. Capital expenditure
11P. Non-EMDG assistance schemes administered by the Commission
11Q. Payments to approved trading house
11R. Non-claimable expenditure of approved trading house
11S. Certain travel expenses
11T. Expenses for first class fares
11U. Certain fares non-claimable
11UA. administration
11UB. Expenditure incurred while individual under insolvency administration
11V. Miscellaneous non-claimable expenditure
11W. Agent (other than a prescribed agent) expenses
11X. Expenditure reduced by the Commission: eligible services outside
Australia
11XA. Approved joint ventures and consortia - breach of conditions
11Y. Expenditure associated with "X"-rated films
11YA. Certain convictions may result in expenditure being non-claimable
11YB. Expenditure relating to illegal activities
Division 4 - Qualifying export development expenditure
11Z. Qualifying export development expenditure (person other than an
approved body, approved trading house, approved joint venture or
approved consortium)
11ZA. Qualifying export development expenditure (approved body)
11ZB. Qualifying export development expenditure (approved trading house)
11ZC. Qualifying export development expenditure (approved joint venture
and approved consortium)
Division 5 - Reduction of qualifying export development expenditure
11ZD. Reduction where expenditure is unreasonable
11ZE. Certain qualifying export development expenditure ignored
PART II - GRANTS
Division 1 - Commission to consider claims and pay grants
12. Grants
12A. Disclosure of eligible expenditure after claim submitted
Division 2 - Claims
Subdivision A - General
13. Claims for grants
13A. Periods in relation to which claims may be made
Subdivision B - Disqualified individuals not to assist in the
preparation of a claim in an eligible capacity
13B. When an individual assists in the preparation of a claim in an
eligible capacity
13C. Claim invalid if disqualified individual assists in preparation
in an eligible capacity
13D. Commission must notify claimant that claim is invalid
13E. Claimant may submit fresh claim in special circumstances
13F. Disqualified individuals
Division 2A - Registration of first-time claimants
13H. First-time claimants must be registered to be eligible for a grant
13I. Registration of first-time claimants
Division 2B - Grants entry test for first-time claimants
13J. First-time claimants must pass grants entry test to be eligible
for a grant
13K. Grants entry test
13L. Commission may request information relevant to grants entry test
Division 3 - Eligibility
14. Eligibility for grant
14A. Certain convictions may result in grant not being payable
14B. Claimant's export earnings must not exceed limit
15. Grants in relation to new markets
16. Amount of grant
16AA. Amount payable in respect of balance-year claim to be reduced by
grant paid in respect of first half of year
16A. Carry forward of unmatched eligible expenditure
19. Change in ownership of business etc.
19A. Decision-making principles - section 19
20. Trust estates
Division 4 - Related company groups
21. Object etc.
22. No first-half claims
23. Pro-rating of claims - $250,000 group grant ceiling
PART IV - MISCELLANEOUS
38. Adjustment of amounts
39. Offences
39A. Convicted persons to repay grants etc.
40. Recovery of overpayments
40A. Review of decisions of Commission
40AA. Statements to accompany notification of decisions
40B. Declaration of approved bodies
40BA. Approval, and cancellation of approval, of trading houses
40BB. Approval mechanism (trading houses)
40BC. Cancellation of approval as an approved trading house
40BD. Approval, and variation and cancellation of approval, of joint
ventures and consortia
40BE. Approval mechanism (joint ventures and consortia)
40BF. Variation of approval as an approved joint venture or approved
consortium
40BG. Cancellation of approval as an approved joint venture or approved
consortium
40BH. Limit on membership of multiple approved joint ventures and consortia
40C. Collection of statistics relating to operation of Act
41. Commission must issue guidelines governing grant and cancellation
of approval of a person as an approved trading house and new
business of an approved trading house
42. Commission must issue guidelines governing grant, variation and
cancellation of approval of a group of persons as an approved
joint venture or approved consortium
42A. Accreditation of export market development grants consultants
42B. False representation that an export market development grants
consultant is accredited
42C. Conduct by directors, servants and agents - section 42B
43. Regulations
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 - LONG TITLE
SECT
An Act relating to Grants for the purpose of providing Incentives for
the Development of Export Markets
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 - PART I
PART I - PRELIMINARY
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 - SECT 1
Short titleSECT
1. This Act may be cited as the Export Market Development Grants Act 1974.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 - SECT 2
CommencementSECT
2. This Act shall be deemed to have come into operation on 1 July 1974.
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 - SECT 3
InterpretationSECT
3. (1) In this Act, unless the contrary intention appears:
"active grant year", in relation to a claimant, means a grant year in respect of the whole or the first 6 months of which a grant has been received, or is receivable, by the claimant;
"affiliated company", in relation to a body corporate (in this definition called the "relevant body corporate") in relation to a period, means a body corporate:
(a) that is at any time in the period a wholly-owned subsidiary of the relevant body corporate;
(b) of which the relevant body corporate is at any time in the period a wholly-owned subsidiary; or
(c) that is at any time in the period a wholly-owned subsidiary of a body corporate of which the relevant body corporate is also at that time a wholly-owned subsidiary;
"approved activity, project or purpose", in relation to an approved joint venture or approved consortium, means the activity, project or purpose specified under paragraph 40BD (2) (b) in the joint venture's or consortium's approval;
"approved body" means an authority or association that is an approved body by virtue of a declaration under section 40B;
"approved consortium" means a group of persons that is approved by the Commission as an approved consortium under subsection 40BD (1);
"approved joint venture" means a group of persons that is approved by the Commission as an approved joint venture under subsection 40BD (1);
"approved trading house" means a person who is approved by the Commission as an approved trading house under subsection 40BA (1);
"associated company", in relation to a claimant, means a company that is, at any time during the claim period, a company:
(a) whose operations are, or are able to be, controlled, either directly or indirectly, by the claimant; or
(b) which controls, or is able to control, either directly or indirectly, the operations of the claimant; or
(c) whose operations are controlled, or are able to be controlled, either directly or indirectly, by a person who controls or is able to control, or persons who control or are able to control, either directly or indirectly, the operations of the claimant;
"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 unincorporate, representing the interests of an industry or of a substantial part of an industry;
"balance-year claim" has the meaning given by subsection 13A (5);
"claim" means a claim under section 13, and "claimant" has a corresponding meaning;
"claim period" means:
(a) in relation to a full-year claim or a balance-year claim - the grant year to which the claim relates; or
(b) in relation to a first-half claim - the 6 months to which the claim relates;
"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 unincorporate, but does not include partnerships;
"designated tourism services" means services that are designated tourism services because of regulations under subsection 43(3C);
"disposal" includes sale, grant, assignment or supply, and "disposed of" has a corresponding meaning;
"eligible expenditure" has the meaning given by section 11A;
"eligible expenditure for a new market" has the meaning given by section 15;
"eligible external governmental educational services" means services that are eligible external governmental educational services by virtue of regulations made under subsection 43 (3A);
"eligible goods" has the meaning given by section 5;
"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 in significance or value by reason of their use in Australia;
"eligible internal educational services" means services that are eligible internal educational services by virtue of regulations under subsection 43 (3);
"eligible internal services" means services that are eligible internal services because of regulations under subsection 43 (2B);
"eligible know-how" means know-how that, in the opinion of the Commission, has to a substantial extent resulted from research or other work performed in Australia;
"eligible services" means services that are eligible services by virtue of regulations under subsection 43 (2) or (2A);
"eligible tourism services" means services that are eligible tourism services because of regulations under subsection 43 (3B);
"export" means export from Australia, but does not include export by way of gift, or the taking or sending of goods out of Australia with the intention that the goods will at some later time be brought or sent back to Australia to remain permanently in Australia;
"export market development grants consultant" means a person who demands or receives any fee for or in relation to the preparation of a claim;
"first-half claim" has the meaning given by subsection 13A (6);
"full-year claim" has the meaning given by subsection 13A (4);
"grant" means a grant under this Act;
"grant ceiling" means:
(a) in relation to a person other than an approved trading house - $200,000; and
(b) in relation to an approved trading house - the amount prescribed by the regulations for the purposes of this paragraph;
"grant year" means:
(a) the year commencing on 1 July 1974 or any of the 9 next succeeding years;
(b) the period commencing on 1 July 1984 and ending on 19 May 1985;
(c) the period commencing on 20 May 1985 and ending on 30 June 1986;
(d) the year commencing on 1 July 1986 or any of the 3 next succeeding years; or
(e) the year commencing on 1 July 1990 or any of the 8 next succeeding years;
"know-how" means knowledge or information in relation to industrial or other operations, and includes drawings, models or other material things, or services, supplied for the purpose of enabling or facilitating the use or enjoyment of such knowledge or information, of rights in relation to inventions or trade marks or of copyright in relation to works, designs or other things;
"new business", in relation to an approved trading house, means business of the approved trading house that is new business in accordance with the guidelines under section 41;
"nominated contact member", in relation to an approved joint venture or approved consortium, means the member who is specified under paragraph 40BD (2) (c) in the joint venture's or consortium's approval;
ordinarily employed has a meaning affected by section 7.
"permanent employee", in relation to a person, means another person who has been a full-time employee of the person for a continuous period of not less than 5 years immediately preceding the time in relation to which the expression is used;
"person" includes a company, a partnership or an authority or association;
"prescribed agent" means:
(a) in relation to a person other than a company and unless paragraph (c) applies - the person or an employee of the person; or
(b) in relation to a person who is a company, or in relation to an association referred to in section 11B - a director, member of the governing body or employee of the company or association; or
(c) in relation to a partnership - any partner or employee of the partnership and, if any of the partners is a company, a director or employee of that company; or
(d) in relation to an approved joint venture or approved consortium - any of the following:
(i) a member of the joint venture or consortium;
(ii) an employee of a member of the joint venture or consortium;
(iii) if a member of the joint venture or consortium is a company -
a director or employee of the company; or
(e) in relation to any person or in relation to an association referred to in section 11B - any other person determined by the Commission to be a person not at arm's length with the person or association;
"prescribed associate" means:
(a) in relation to a person that is an unincorporated company - a member of the governing body of the company; or
(b) in relation to an association that is referred to in section 11B and is an unincorporated company - a member of the governing body of the company; or
(c) in relation to a partnership - a partner and, if a partner is a company, a director of that company; or
(d) in relation to any person or in relation to an association referred to in section 11B - any other person determined by the Commission to be a person not at arm's length with the person or the association;
"processed", in relation to goods, does not include graded, packed or sorted;
"related company group" means a group of 2 or more bodies corporate, where each member of the group is related to each other member of the group;
Note: See subsection (12).
"relative", in relation to a person, means:
(a) a parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of that person or of his or her spouse; or
(b) the spouse of that person or of any other person specified in paragraph (a);
"resident of Australia" and "resident outside Australia" have the respective meanings given by section 11;
"sale for export" does not include sale to a resident of Australia, and "sells for export" has a corresponding meaning;
"subsidiary" has the meaning given by subsection (11);
"wholly-owned subsidiary", in relation to a body corporate (in this definition called the "holding body"), means a body corporate:
(a) that is a subsidiary of the holding body;
(b) none of whose members is a person other than:
(i) the holding body;
(ii) a body corporate that is, by virtue of any other application or
applications of this definition, a wholly-owned subsidiary of the holding body; or
(iii) a nominee of the holding body or of a body of a kind referred
to in subparagraph (ii); and
(c) no share in which is beneficially owned by a person other than:
(i) the holding body; or
(ii) a body of a kind referred to in subparagraph (b) (ii).
(1A) A reference in this Act to a qualifying export development activity is a reference to an activity in respect of which expenditure is qualifying export development expenditure under:
(a) section 11Z if the claimant is a person other than an approved body, approved trading house, approved joint venture or approved consortium; or
(b) section 11ZA if the claimant is an approved body; or
(c) section 11ZB if the claimant is an approved trading house; or
(d) section 11ZC if the claimant is an approved joint venture or approved consortium.
(2) For the purposes of this Act, where an act is done by an agent on behalf of his principal, it shall be deemed to be done by the principal and not by the agent.
(3) For the purposes of this Act, where a person sells goods, at a time when the goods are in Australia, to a buyer resident outside Australia and the goods are later exported by the buyer, the goods shall be deemed to be exported by the first-mentioned person.
(4) For the purposes of this Act, a person shall be taken to supply eligible services outside Australia, eligible internal educational services, eligible external governmental educational services, eligible internal services, eligible tourism services or designated tourism services if, and only if, the Commission is satisfied that the services are supplied in pursuance of a contract for the supply of the services between that person and a person resident outside Australia.
(5) For the purposes of this Act, a person shall be taken to have sold eligible goods if, and only if, the Commission is satisfied that, under the contract of sale, the property in the goods passed from that person to a buyer resident outside Australia.
(6) For the purposes of this Act, but subject to subsections (7) and (8), expenditure shall be taken to have been incurred only at the time when the amount of that expenditure is acquitted.
(7) Where an amount was acquitted, during the claim period in relation to a claim, for goods or services and those goods or services were not provided before the end of that period, the Commission may declare that this subsection applies to the amount so acquitted, and, where the Commission so declares, that amount shall be treated as if it had been acquitted only when the goods or services were provided.
(8) Where an amount was acquitted, during the claim period in relation to a claim, for goods or services and a part of those goods or services was not provided before the end of that period, the Commission may declare that this subsection applies to the part of the amount so acquitted that relates to that part of those goods and services, and, where the Commission so declares, that part of the amount so acquitted shall be treated as if it had been acquitted only when that part of those goods or services was provided.
(9) For the purposes of this section, but subject to the operation of subsections (7) and (8), an amount shall be taken to have been acquitted at the time when:
(a) that amount is paid by one person to another person; or
(b) that amount is, in an account rendered by one person to another person, set off by the person rendering the account against money owing by that other person to the person rendering the account.
(9A) For the purposes of subsection (9), if an amount is paid by cheque or payment order, the amount is taken to be paid when the bank or financial institution on which the cheque or payment order is drawn debits the drawer's account.
(9B) For the purposes of subsection (9), the transfer or issue to a person of shares in a company does not, in any circumstance, constitute the payment of an amount by a person to another person.
(10) A consortium or joint venture shall not be taken to be a partnership for the purposes of this Act unless the agreement establishing the consortium or joint venture is effective, under the law relating to partnerships in the place where the agreement is made, to establish a partnership between the parties to the consortium or joint venture.
(11) For the purposes of this Act, the question whether a body corporate is a subsidiary of another body corporate shall be determined in the same manner as the question whether a corporation is a subsidiary of another corporation is determined under the Companies Act 1981.
(12) For the purposes of this Act, the question whether a body corporate is related to another body corporate is to be determined in the same manner as that question is determined under the Corporations Law.
Note: See section 50 of the Corporations Law.
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 - SECT 3A
Export earningsSECT
3A. (1) A reference in this Act to the export earnings of a person (other than an approved joint venture or approved consortium), for the claim period in relation to a claim, shall be read, subject to the operation of this section, as a reference to the sum of the following:
(a) in respect of eligible goods sold in Australia by that person at any time and exported by that person during that period - so much of the consideration received or receivable by that person in respect of the sale and export as is attributable to the free on board value of the goods;
(b) in respect of eligible goods exported by that person at any time and sold outside Australia by that person during that period - the amount that would have been calculated in respect of the goods under paragraph (a) if they had been sold in Australia;
(c) the amount or value of the consideration received by that person during that period for the supply by that person at any time of eligible services outside Australia, less so much of the consideration as, in the opinion of the Commission, is paid or payable outside Australia in relation to those services;
(d) the amount or value of the consideration received by that person during that period for the disposal by that person at any time to persons resident outside Australia, for use and enjoyment outside Australia, of eligible industrial property rights or of eligible know-how;
(e) the amount or value of the consideration received by that person during that period for the supply by that person at any time of eligible internal services; and
(f) the amount or value of the consideration received by that person during that period for the supply by that person at any time of eligible internal educational services or eligible external governmental educational services;
(g) the amount or value of the consideration received by that person during that period for the supply by that person at any time of eligible tourism services;
(h) the amount or value of the consideration received by that person during that period for the supply by that person at any time of designated tourism services.
(2) For the purposes of subsection (1), the export earnings of a person shall not be taken to include any consideration in respect of the sale of goods, the supply of services or the disposal of rights or know-how by that person:
(a) at any time when that person was not a resident of Australia; or
(b) otherwise than in the course of the carrying on by that person of a business the whole of which, or, in the opinion of the Commission, a substantial part of which, is carried on in Australia.
(2A) In the application of this section to eligible external governmental educational services or eligible internal educational services that are supplied by the Commonwealth, a State or the Northern Territory, subsection (2) shall be disregarded.
(2B) Subject to subsection (2E), a reference in this Act to an approved joint venture's or approved consortium's export earnings for the claim period in relation to a claim is a reference to the sum of the export earnings of each of the members of the joint venture or consortium for that period to the extent that those earnings are in respect of the approved activity, project or purpose of the joint venture or consortium.
(2C) In working out a member's export earnings for a claim period for the purposes of subsection (2B), disregard subsection (2).
(2D) If a person who is not an Australian resident is a member of an approved joint venture or approved consortium, the Commission may, in writing, determine the percentage that, in the Commission's opinion, is the person's percentage share of the joint venture's or consortium's profits and losses.
(2E) If a determination is made under subsection (2D), the joint venture's or consortium's export earnings for the claim period is to be reduced by the percentage specified in the determination.
(2F) If:
(a) a person is a member of an approved joint venture or approved consortium; and
(b) the person makes a claim in respect of the person's eligible expenditure for the claim period; and
(c) the claim is not made on behalf of the joint venture or consortium;
the person's export earnings for the period, for the purposes of that claim, are to be taken into account only to the extent that they are not earnings in respect of the approved activity, project or purpose of the joint venture or consortium.
(2G) A reference in this Act to an approved trading house's export earnings for the claim period in relation to a claim is a reference to export earnings of the trading house for the period to the extent that the earnings relate to new business of the trading house.
(3) For the purposes of paragraph (1) (a):
(a) the date of export of goods exported under a bill of lading shall be deemed to be:
(i) the date shown on the bill of lading; or
(ii) the date on which they are received for shipment at the port or
airport of export;
whichever is the earlier;
(b) the date of export of goods sold as stores for use on ships or aircraft that are intended to leave Australia shall be deemed to be the date of the sale; and
(c) the date of export of any other goods shall be deemed to be the date on which they are received for shipment at the port or airport of export.
(4) For the purposes of paragraph (1) (c), where, in the opinion of the Commission, consideration received by a person for the supply by that person of an eligible service outside Australia is paid or payable by that person to a person resident outside Australia in relation to the supply of that service, that consideration shall be taken to be paid or payable outside Australia in relation to that service.
(5) Where the Commission is satisfied that:
(a) a person has received compensation for a loss, or for the destruction of, or damage to, goods (including equipment used in the provision of a service), by a payment under a policy of insurance or otherwise; and
(b) if that loss, destruction or damage had not occurred, that person would have received consideration that would have been export earnings of the person in the claim period in relation to a claim;
the Commission may treat the amount or value of that compensation as if it were export earnings of that person in that period.
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 - SECT 5
Eligible goodsSECT
5. (1) A reference in this Act to eligible goods is a reference to:
(a) goods manufactured, produced, assembled or processed, in Australia, where:
(i) not more than 50 per centum of the value of the goods is
attributable to materials not of Australian origin; or
(ii) more than 50 per centum of the value of the goods is so
attributable, but the Commission is satisfied that the goods should be treated as substantially of Australian origin; or
(b) goods manufactured, produced or assembled outside Australia (other than goods to which paragraph (a) applies), where:
(i) not less than 75 per centum of the value of all the materials
from which the goods are manufactured, produced or assembled is attributable to materials that are goods to which paragraph (a) applies; or
(ii) less than 75 per centum of the value of the materials from
which the goods are manufactured, produced or assembled is so attributable, but the Commission is satisfied that the goods should be treated as substantially of Australian origin.
(2) A reference in subsection (1) to materials includes a reference to parts.
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 - SECT 6
Expenditure in relation to New Zealand trade not eligible etc.SECT
6. (1) Expenditure that relates, directly or indirectly, to trade with New Zealand is not eligible expenditure.
(2) Consideration that relates, directly or indirectly, to trade with New Zealand is not export earnings.
(3) This section has effect in spite of any other provision of this Act.
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 - SECT 7
Extended meaning of ordinarily employedSECT
7. (1) If:
(a) apart from this section, an individual is not ordinarily employed by another person; and
(b) the individual performs work that benefits the other person, whether directly or indirectly; and
(c) having regard to the following matters, the Commission is satisfied that the relationship between the individual and the other person may reasonably be regarded as equivalent to the relationship of employment for the purposes of this Act:
(i) whether the individual performs work at the premises of the
other person;
(ii) whether the individual uses business facilities provided by the
other person;
(iii) the extent to which the other person exercises control over
the work performed by the individual;
(iv) whether the individual is a former employee of the other person
or of an associate of the other person;
(v) whether the other person is the only person for whose benefit
the individual performs work;
(vi) whether the individual is employed by a company or trustee that
is closely associated with the individual or the individual's family;
(vii) whether it may reasonably be concluded that the relationship
between the individual and the other person was entered into or maintained for the sole or dominant purpose of obtaining a grant under this Act;
(viii) any other relevant matters;
the Commission may determine that this Act has effect as if the individual were ordinarily employed by the other person.
(2) A determination has effect accordingly.
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 - SECT 11
Residents of AustraliaSECT
11. A reference in this Act to a resident of Australia is a reference to:
(a) a person, other than a company or a partnership, who resides in Australia;
(b) a person, other than a company or a partnership, whose domicile is in Australia, unless the Commission is satisfied that his permanent place of abode is outside Australia;
(c) a company which is incorporated in Australia, or which, not being incorporated in Australia, carries on business in Australia and is declared by the Commission, by writing, to be a company to which this paragraph applies; or
(d) a partnership that is regulated in accordance with the law of a State or Territory and that carries on business in Australia;
and a reference to a person resident outside Australia shall be construed as a reference to any person other than a resident of Australia.
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 - PART 1A
PART 1A - ELIGIBLE EXPENDITURE
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 - DIVISION 1
Division 1 - General
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 - SECT 11A
Operation of this PartSECT
11A. (1) Expenditure is eligible expenditure of a person (other than an approved trading house, approved joint venture or approved consortium):
(a) only if it is incurred by the person; and
(b) only to the extent to which it is claimable expenditure (see Division 2); and
(c) only if it is qualifying export development expenditure for the particular person (see Division 4).
(2) Expenditure is eligible expenditure of an approved trading house:
(a) only if it is incurred by the trading house; and
(b) only to the extent to which it is claimable expenditure (see Division 2); and
(c) only if it is qualifying export development expenditure for the trading house (see Division 4); and
(d) only if it is incurred in respect of new business of the trading house.
(3) Subject to subsection (4), expenditure is eligible expenditure of an approved joint venture or approved consortium:
(a) only if it is incurred by a member of the joint venture or consortium; and
(b) only if it is incurred in respect of the approved activity, project or purpose of the joint venture or consortium; and
(c) only to the extent to which it is claimable expenditure (see Division 2); and
(d) only if the expenditure is qualifying export development expenditure for the joint venture or consortium (see Division 4).
(4) A payment or set-off between members of an approved joint venture or approved consortium cannot be eligible expenditure of the joint venture or consortium.
(5) Division 2 sets out the kinds of expenditure that are claimable.
(6) Division 3 sets out expenditure that is not claimable.
(7) Division 4 sets out the purposes for which the expenditure must be incurred to be qualifying export development expenditure: whether expenditure is qualifying export development expenditure depends on the status of the claimant.
(8) Division 5 sets out the circumstances in which the amount of qualifying export development expenditure may be reduced by the Commission.
(9) For the purposes of this Part, a person's eligible expenditure includes expenditure that is taken to be eligible expenditure of the person under section 11B.
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 - SECT 11B
Subscriptions to industry associations etc.SECT
11B. Where:
(a) a person has paid an amount to an association as the whole or part of a subscription, contribution or levy; and
(b) the association is not an approved body or a company resident outside Australia; and
(c) the Commission is satisfied that the amount has been or will be applied:
(i) by way of claimable expenditure; and
(ii) in such a way that, had the amount been, or were it to be,
applied by the person, the payment of the amount would be qualifying export development expenditure;
the amount is, for the purpose of this Part, taken to be an amount of eligible expenditure incurred by the person at the time when it was paid to the association.
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 - DIVISION 2
Division 2 - Claimable expenditure
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 - SECT 11C
Expenses of agentSECT
11C. (1) Expenditure is claimable expenditure if:
(a) it is incurred by way of expenses of, contribution towards expenses of or payments made to, an agent for the purpose of:
(i) the carrying out of market research or the obtaining of market
information; or
(ii) the advertising or other means of securing publicity or
soliciting business; and
(b) it is not paid or payable to:
(i) a person for services performed by the person in Australia, or
in the course of a visit from Australia to a place or places outside Australia, if the person is ordinarily employed in Australia by:
(A) the claimant; or
(B) an associated company; or
(C) a prescribed associate; or
(D) a director of the company if the claimant is a company; or
(E) a director of an associated company; or
(F) an associated company carrying on business in Australia; or
(G) an association referred to in section 11B; or
(ii) a prescribed associate who is a resident of Australia other
than:
(A) a director of the company if the claimant is a company; or
(B) a director of an associated company; or
(C) an associated company carrying on business in Australia; or
(iii) a director of the company if the claimant is a company; or
(iv) a director of an associated company; or
(v) an associated company carrying on business in Australia.
Note: Ordinarily employed has a meaning affected by section 7.
(2) Expenditure is claimable expenditure under this section only to the extent to which it relates to one or more of the following:
(a) eligible goods;
(b) eligible services;
(c) eligible internal educational services;
(d) eligible external governmental educational services;
(e) eligible industrial property rights;
(f) eligible know-how;
(g) eligible internal services;
(h) eligible tourism services;
(i) designated tourism services.
(3) In applying subsection (2), the Commission is to have regard to:
(a) the number of different types of goods, services or other things being promoted by the agent; and
(b) the allocation of the agent's time; and
(c) any other matters that the Commission considers relevant.
(4) Paragraph (1) (b) applies to expenditure of a member of an approved joint venture or approved consortium as if each member of the joint venture or consortium were a claimant for the grant.
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 - SECT 11D
Expenses associated with providing free samples or technical informationSECT
11D. (1) Expenditure is claimable expenditure if:
(a) it is incurred by way of expenses (including costs of delivery) that, in the Commission's opinion, are directly attributable to providing, without charge, samples or written technical information to a person outside Australia; and
(b) those expenses are not payable to:
(i) a director of the company if the claimant is a company; or
(ii) a director of an associated company; or
(iii) an associated company carrying on business in Australia; or
(iv) a prescribed associate who is a resident of Australia.
(2) Paragraph (1) (b) applies to expenditure of a member of an approved joint venture or approved consortium as if each member of the joint venture or consortium were a claimant for the grant.
(3) Where:
(a) expenses are incurred in providing samples or written technical information to a person outside Australia; and
(b) those expenses are payable to a person or prescribed associate referred to in paragraph (1) (b);
those expenses are taken to be directly attributable to the provision of the samples or written technical information, but only to the extent that those expenses are, in the Commission's opinion, expenses attributable to the actual cost of labour and materials involved in the provision of the samples or written technical information.
(4) This section does not apply to costs of delivery unless the costs are postage costs or freight costs.
Note: Section 25 of the Acts Interpretation Act 1901 provides that "writing" includes any mode of representing or reproducing words, figures, drawings or symbols in a visible form.
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 - SECT 11E
Expenses for preparation of tenders and quotations (eligible services,
eligible internal educational services, eligible external governmental
educational services, eligible know-how, eligible internal services,
eligible goods, eligible tourism services or designated tourism services)SECT
11E. (1) Subject to subsection (2), expenditure is claimable expenditure if:
(a) it is incurred by way of expenses that, in the Commission's opinion, are directly attributable to preparing or submitting a written tender or written quotation to a person resident outside Australia for the supply by the claimant of:
(i) eligible services; or
(ii) eligible internal educational services; or
(iii) eligible external governmental educational services; or
(iv) eligible know-how; or
(v) eligible internal services; or
(vi) eligible goods that are not of the same kind and specification
as, or not similar to, goods that are being regularly dealt with by the claimant; or
(vii) eligible tourism services; or
(viii) designated tourism services; and
(b) the expenses are not payable to:
(i) a director of the company if the claimant is a company; or
(ii) a director of an associated company; or
(iii) an associated company carrying on business in Australia; or
(iv) a prescribed associate who is a resident of Australia.
(2) Paragraphs (1) (a) and (b) apply to expenditure of a member of an approved joint venture or approved consortium as if each member of the joint venture or consortium were a claimant for the grant.
(3) Where:
(a) expenses are incurred in preparing or submitting a written tender or written quotation to a person outside Australia for the supply of the goods or services referred to in paragraph (1) (a); and
(b) those expenses are payable to a person or prescribed associate referred to in paragraph (1) (b);
the expenses are taken to be directly attributable to preparing or submitting a twritten tender or written quotation, but only to the extent that those expenses are, in the Commission's opinion, expenses attributable to the actual cost of labour and materials involved in preparing or submitting the written tender or written quotation.
(4) For the purposes of this section, preparing or submitting a written tender or written quotation includes making investigations and preparing information, designs, estimates or other material for the purposes of submitting the written tender or written quotation.
(5) This section does not apply to costs of delivery unless the costs are postage costs or freight costs.
Note: Section 25 of the Acts Interpretation Act 1901 provides that "writing" includes any mode of representing or reproducing words, figures, drawings or symbols in a visible form.
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 - SECT 11F
Expenses for packaging and labelling eligible goodsSECT
11F. (1) Expenditure is claimable expenditure if:
(a) it is incurred by way of expenses that, in the Commission's opinion, are directly attributable to:
(i) selecting or designing packaging and labelling; or
(ii) selecting or designing materials for packaging and labelling;
for use exclusively in connection with the export of eligible goods; and
(b) those expenses are not payable to:
(i) a director of the company if the claimant is a company; or
(ii) a director of an associated company; or
(iii) an associated company carrying on business in Australia; or
(iv) a prescribed associate who is a resident of Australia.
(2) Paragraph (1) (b) applies to expenditure of a member of an approved joint venture or approved consortium as if each member of the joint venture or consortium were a claimant for the grant.
(3) Where:
(a) expenses are incurred:
(i) selecting or designing packaging and labelling; or
(ii) selecting or designing materials for packaging and labelling;
and
(b) those expenses are payable to a person or prescribed associate referred to in paragraph (1) (b);
those expenses are taken to be directly attributable to the matters referred to in subparagraphs (3) (a) (i) and (ii), but only to the extent that those expenses are, in the Commission's opinion, expenses attributable to the actual cost of labour and materials involved in:
(c) selecting or designing packaging and labelling; or
(d) selecting or designing materials for packaging and labelling.
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 - SECT 11G
Expenses for certain educational coursesSECT
11G. (1) Expenditure is claimable expenditure if:
(a) it is incurred by way of expenses that, in the Commission's opinion, are directly attributable to an educational course on international business development:
(i) for the claimant or a director, partner or employee of the
claimant; and
(ii) that, in the Commission's opinion, will assist the claimant to
carry out qualifying export development activities;
other than amounts paid or payable:
(iii) as remuneration (whether by way of salary or otherwise) to the
person undertaking the course; or
(iv) to a relative of the person undertaking the course; and
(b) those expenses are not payable to:
(i) a director of the company if the claimant is a company; or
(ii) a director of an associated company; or
(iii) an associated company carrying on business in Australia; or
(iv) a prescribed associate who is a resident of Australia.
(2) Subparagraph (1) (a) (i) and paragraph (1) (b) apply to expenditure of a member of an approved joint venture or approved consortium as if each member of the joint venture or consortium were a claimant for the grant.
(3) Where:
(a) expenses are incurred in respect of an educational course on international business development as referred to in paragraph (1) (a); and
(b) those expenses are payable to a person or prescribed associate referred to in paragraph (1) (b);
those expenses are taken to be directly attributable to the course, but only to the extent that those expenses are, in the Commission's opinion, expenses attributable to the actual cost of labour and materials involved in the course.
(2) The Commission must not:
(a) approve a group of persons as an approved joint venture or approved consortium; or
(b) vary a group's approval as an approved joint venture or approved consortium;
if the approval or variation would have the result that a person is a member of more than the maximum number of approved joint ventures and approved consortia mentioned in the determination.
(3) A copy of the determination must be published in the Gazette.
(4) The Commission must give a free copy of the determination to any person who requests a copy.
(5) The determination is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 - SECT 40C
Collection of statistics relating to operation of ActSECT
40C. (1) The Commission may, by writing, request a person who is a claimant in relation to the grant year ending on 30 June 1986 or in relation to a subsequent grant year to give to the Commission, with that person's claim, in a form approved by the Commission, a statement containing such statistical information relating to matters relevant to the periodic evaluation of the effectiveness of this Act as is prescribed.
(2) Any person who, without reasonable excuse, refuses or fails to comply with a request under subsection (1) is guilty of an offence.
Penalty:
(a) in the case of a corporation - $5,000; or
(b) in any other case - $1,000 or imprisonment for 6 months, or both.
(3) For the purposes of this section, a person is a claimant in relation to a grant year if:
(a) the person has made a full-year claim or a balance-year claim in relation to the grant year; or
(b) the person has made a first-half claim in relation to the first 6 months of the grant year.
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 - SECT 41
Commission must issue guidelines governing grant and cancellation of
approval of a person as an approved trading house and new business of an
approved trading houseSECT
41. (1) The Commission must issue guidelines:
(a) relating to the exercise of the Commission's powers under section 40BA; and
(b) to be applied in determining whether business of an approved trading house is new business for the purposes of this Act.
(2) To issue guidelines under this section, the Commission must:
(a) formulate the guidelines in writing and submit them to the Minister; and
(b) obtain the Minister's approval of the guidelines; and
(c) publish the guidelines in the Gazette.
(3) Guidelines relating to the exercise of the Commission's powers under section 40BA may include:
(a) criteria to be met by a person who wishes to be approved as an approved trading house; and
(b) the grounds on which a person's approval as an approved trading house may be cancelled.
(3A) The grounds on which a person's approval as an approved trading house may be cancelled need not deal with the same matters dealt with by the criteria that applied to that approval.
(4) The first set of guidelines must be issued within 90 days after the Export Market Development Grants Amendment Act (No. 2) 1990 receives the Royal Assent.
(4A) The Commission may, at any time, and whether or not within 90 days after the Export Market Development Grants Amendment Act (No. 2) 1990 receives the Royal Assent, repeal, replace or amend guidelines made under this section.
(5) The Commission must give a free copy of the guidelines under this section to any person who requests a copy.
(6) The guidelines are a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
(7) In determining the meaning of a provision of this Act (other than this section) or of any other law of the Commonwealth, subsection (3A) is to be disregarded.
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 - SECT 42
Commission must issue guidelines governing grant, variation and
cancellation of approval of a group of persons as an approved joint
venture or approved consortiumSECT
42. (1) The Commission must issue guidelines relating to the exercise of the Commission's powers under section 40BD.
(2) To issue guidelines under this section, the Commission must:
(a) formulate the guidelines in writing and submit them to the Minister; and
(b) obtain the Minister's approval of the guidelines; and
(c) publish the guidelines in the Gazette.
(3) Guidelines under this section may include:
(a) criteria to be met by a group of persons who wish to be approved as an approved joint venture or approved consortium; and
(b) the grounds on which a group's joint venture or approved consortium approval may be cancelled.
(3A) The grounds on which a group's approval as an approved joint venture or approved consortium may be cancelled need not deal with the same matters dealt with by the criteria that applied to that approval.
(4) The first set of guidelines must be issued within 90 days after the Export Market Development Grants Amendment Act (No. 2) 1990 receives the Royal Assent.
(4A) The Commission may, at any time, and whether or not within 90 days after the Export Market Development Grants Amendment Act (No. 2) 1990 receives the Royal Assent, repeal, replace or amend guidelines made under this section.
(5) The Commission must give a free copy of the guidelines under this section to any person who requests a copy.
(6) The guidelines are a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
(7) In determining the meaning of a provision of this Act (other than this section) or of any other law of the Commonwealth, subsection (3A) is to be disregarded.
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 - SECT 42A
Accreditation of export market development grants consultantsSECT
Accreditation scheme
42A. (1) The Commission may, by written instrument, formulate a scheme for the accreditation of export market development grants consultants
Accreditation decisions
(2) The scheme may empower the Commission to make decisions:
(a) accrediting export market development grants consultants; and
(b) varying or cancelling the accreditation of export market development grants consultants.
Register of accredited consultants
(3) The scheme may make provision for and in relation to the keeping of a register by the Commission of export market development grants consultants accredited under the scheme. In particular, the scheme may make provision for the following:
(a) the register to be kept in such form and manner as the Commission directs;
(b) persons to inspect the register;
(c) persons to obtain information contained in the register;
(d) fees to be charged by the Commission for such an inspection or for providing such information.
Copies of scheme to be made available
(4) The Commission must give a free copy of the scheme to any person who requests a copy.
Disallowable instrument
(5) An instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 - SECT 42B
False representation that an export market development grants consultant
is accreditedSECT
Offence
42B. (1) If, at a time when a scheme is in force under section 42A:
(a) an export market development grants consultant is not accredited under the scheme; and
(b) the consultant, or another person, intentionally or recklessly makes a representation that the consultant is so accredited;
the consultant or the other person, as the case requires, is guilty of an offence punishable on conviction by a fine not exceeding 30 penalty units.
Court order
(2) In addition, the court may order the consultant or the other person, as the case requires, to pay to the Commonwealth, by way of penalty, an amount not exceeding the amount that, in the opinion of the court, represents the total gross income derived by the consultant as a result of the misrepresentation.
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 - SECT 42C
Conduct by directors, servants and agents - section 42BSECT
State of mind
42C. (1) If, in proceedings for an offence against, or arising out of, section 42B, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:
(a) that the conduct was engaged in by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; and
(b) that the director, servant or agent had the state of mind.
Conduct
(2) Any conduct engaged in on behalf of a body corporate by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against, or arising out of, section 42B, to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.
Extended meaning of "state of mind"
(3) A reference in subsection (1) to the state of mind of a body corporate includes a reference to:
(a) the knowledge, intention, opinion, belief or purpose of the body corporate; and
(b) the body's reasons for the intention, opinion, belief or purpose.
Extended meaning of "director"
(4) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.
Extended meaning of "engaging in conduct"
(5) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 - SECT 43
RegulationsSECT
43. (1) The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, requiring the verification by statutory declaration of claims made under, or documents, books or records supplied for the purposes of, this Act.
(2) The regulations may declare that services of a specified kind are eligible services.
(2A) The regulations may declare that services by way of provision of eligible goods under an agreement for lease or hire of those goods are eligible services.
(2B) The regulations may declare that services of a specified kind are eligible internal services.
(3) The regulations may declare that services of a specified kind, being services of an educational nature supplied to students in Australia, are eligible internal educational services.
(3A) The regulations may declare that services of a specified kind, being services of an educational nature that are supplied by the Commonwealth, a State, the Australian Capital Territory or the Northern Territory to students outside Australia, are eligible external governmental educational services.
(3B) The regulations may declare that services of a specified kind are eligible tourism services.
(3C) The regulations may declare that services of a specified kind are designated tourism services.
(4) The regulations may declare that a specified authority or association is a body to which grants are not payable.
(5) The regulations may declare that a specified authority or association is a body to which grants are not payable except in respect of a particular business activity carried on by that authority or association that is of a kind specified in the regulations.
(6) Regulations referred to in subsection (3), (3A), (4) or (5) that are made after the Statute Law (Miscellaneous Provisions) Act (No. 1) 1987 receives the Royal Assent and before 1 July 1988 may be expressed to have taken effect from 20 May 1985.
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