Export Market Development Grants Act 1974

Legislation au C2004A00210 Not in force Act

Legislation content

EXPORT MARKET DEVELOPMENT GRANTS

ACT 1974

No. 154 of 1974

 

An Act relating to Grants for the purpose of providing Incentives for the Development of Export Markets.

 

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

PART I—PRELIMINARY

Short title.

1. This Act may be cited as the Export Market Development Grants Act 1974.

Commencement

2. This Act shall be deemed to have come into operation on 1 July 1974.

Interpretation.

3. (1) In this Act, unless the contrary intention appears—

“authority or association” means—

(a) an authority constituted by a law of Australia or of a State or internal Territory;

(b) a co-operative association; or

(c) any other body or association, corporate or unincorporate, representing the interests of an industry or of a substantial part of an industry,

that has the function of promoting any of the activities referred to in paragraphs 4(1)(a), (b), (c) and (d);

“Board” means the Board established by this Act;

“claim” means a claim under section 13, and “claimant” has a corresponding meaning;

“company” includes all bodies and associations, corporate or unincorporate, but does not include partnerships;

“disposal” includes sale, grant, assignment or supply, and “disposed of” has a corresponding meaning;

“eligible expenditure” has the meaning given by section 4;

“eligible goods” has the meaning given by section 5;

“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 earnings” has the meaning given by section 6;

“Government sponsored promotion” means the promotion of any of the activities referred to in paragraphs 4(1)(a), (b), (c) and (d) by means of—

(a) the doing of an act outside Australia;

(b) the export of a publication; or

(c) the production and issue, outside Australia, of a supplement to a newspaper or periodical that is produced and distributed outside Australia,

being an act, publication or supplement that is organized or sponsored by the Department of Overseas Trade;

“grant” means a grant under this Act;

“grant entitlement” has the meaning given by section 15;

“grant year” means the year commencing on 1 July 1974 or any of the 4 next succeeding years;

“group of corporations” has the meaning given by section 10;

“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 have, to a substantial extent, resulted from research or work performed in Australia; or

(b) trade marks that have been used commercially in Australia and were not, before that use, used commercially in any other country;

“know-how” means scientific or technological knowledge or information in relation to industrial operations, and includes drawings, models or other material things, or services, supplied for…

Overview

The Export Market Development Grants Act 1974 (Cth) was enacted to address the need for financial incentives to support Australian businesses in developing and expanding their export markets. This Act establishes a framework for providing grants to eligible claimants who incur specific expenditures aimed at creating or increasing demand for the export of goods and services from Australia. The policy objective of the Act is to encourage and facilitate the growth of Australian exports by providing financial assistance for activities directly related to market development and promotion outside Australia. The Act is administered by the Export Development Grants Board, which is responsible for determining grant entitlements, assessing claims, and ensuring compliance with the Act's provisions. The Board operates under the oversight of the Minister, who has the authority to provide directions regarding policies and practices, subject to certain limitations. The Act also includes provisions for the regulation of claims and the imposition of penalties for false statements or documents submitted in connection with grant applications. The enacting body is the Commonwealth Parliament, which has the authority to appropriate funds for the payment of grants under the Act.

Scope and Application

The Export Market Development Grants Act 1974 applies to eligible expenditure incurred by individuals or entities in Australia for the purpose of developing export markets. This includes expenditure related to government-sponsored promotions, market research, advertising, and other activities aimed at creating or increasing demand for goods and services to be exported. Eligible goods include those manufactured, produced, or assembled in Australia or those with a significant Australian origin, as well as services supplied outside Australia by Australian businesses. The Act also applies to entities carrying on business in Australia and seeking to export goods or services. The Act operates at the Commonwealth level, providing a framework for the administration and distribution of grants by the Export Development Grants Board, which is established under the Act. The Board determines the eligibility of claimants and the amount of grant entitlements based on the eligible expenditure incurred and the export earnings of the claimants. The Act excludes certain types of expenditure, such as capital expenditure and certain travel expenses, and it also excludes certain entities, such as States, authorities, associations (unless prescribed), and corporations constituted for a public purpose by or under a law of Australia or of a State or Territory, from being eligible for grants. The Act allows for adjustments in grant entitlements in certain circumstances, such as when export earnings do not accrue in the same period as the expenditure or when abnormal trading conditions affect export earnings. The application of the Act can be extended or modified through subordinate instruments such as regulations made by the Governor-General under the authority provided in the Act.

Key Provisions

  • The Export Market Development Grants Act 1974 (the "Act") provides for the establishment of a scheme to offer grants to eligible entities for export-related activities. Under the Act, the Board—referred to as the Export Development Grants Board—is tasked with determining grant entitlements for claimants who submit valid claims. Grants are intended to incentivize and support activities aimed at developing export markets for Australian goods and services.
  • The Act outlines specific types of eligible expenditures, including market research, advertising, technical advice, and the acquisition of industrial property rights outside Australia. The Board assesses these expenditures to determine a claimant's eligibility and the amount of the grant. A claimant may be eligible for higher grants if the expenditure relates to new markets or government-sponsored promotions.
  • Entities that are not eligible for grants include States, certain authorities or associations, and corporations constituted for public purposes, unless they are prescribed bodies. Furthermore, grants are not payable for expenditure incurred by a person who was not a resident of Australia at the time of the expenditure. The Act imposes limits on the amount of grants payable to claimants, with a maximum of $125,000 per grant year, subject to certain conditions for groups of corporations.
  • The Act also establishes provisions for the administration of the grant scheme, including the establishment of the Board, its membership, term of office, and the delegation of powers. The Board is required to submit annual reports to the Minister, who then table these reports in Parliament. The Act includes penalties for making false or misleading statements in claims, with potential fines of up to $10,000 or imprisonment for six months. Over-payments resulting from false claims are recoverable by Australia as a debt.
  • The secrecy provisions of the Act ensure that certain information acquired by Board members or staff in the course of their duties remains confidential and cannot be disclosed except as permitted by the Act. These provisions aim to protect sensitive information related to grant applications and the operations of the Board.

Legal classification tags

Area of Law
Commercial Law
Export & Import Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Regulatory Standards
Enforcement Powers
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.