Export Market Development Grants Act 1997 Determination 1/1997 GCB Guidelines for forming an opinion whether an applicant is genuinely carrying on business in Australia (Cth)
EXPORT MARKET DEVELOPMENT GRANTS ACT 1997
Determination
(1/1997 GCB)
Guidelines for forming an opinion whether an applicant is genuinely
carrying on business in Australia.
I, Tim Fischer, Minister for Trade, pursuant to paragraph 101(1)(a) of the Export Market Development Grants Act 1901, determine the following guidelines.
1. In forming an opinion whether a person is genuinely carrying on business in Australia, Austrade shall give weight to the following considerations:
(i) what activities the person claims constitute the activities of the business;
(ii) where each of those activities is conducted, and whether those activities are conducted substantially in Australia;
(iii) whether any income is earned by the applicant and if so where that earning of income takes place, and whether that earning of income takes place substantially in Australia;
(iv) the length of time the activities of the business have been carried on;
(v) any intention that those activities should be profitable;
(vi) the degree of repetition of the activities said to constitute the activities of the business;
(vii) the continuity of those activities;
(viii) whether there is a possible commercial return from those activities;
(ix) the nature and size of the assets of the business and whether those assets are located substantially in Australia;
(x) the terms of any business or marketing strategy which relates to those activities;
(xi)the extent of which those activities are the independent activities of the applicant or whether they are instead activities of a person associated with the applicant.
In taking into account each of the matters listed in 1 above Austrade shall consider the substance and not merely the form of each matter.
Signed: ____________________________
Tim Fischer, Minister for Trade
Dated: 1/7/97
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