Export Market Development Grants (Approved Bodies) Guidelines 2018 (Cth)

Export Market Development Grants (Approved Bodies) Guidelines 2018

I, Steven Ciobo, Minister for Trade, Tourism and Investment, determine the following guidelines.

Dated 8 February 2018

Steven Ciobo

Minister for Trade, Tourism and Investment

Contents

Part 1—Preliminary  1

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

5............ Definitions..................................................................................................................... 1

Part 2—Guidelines  2

6............ Guidelines for CEO of Austrade relating to approvals as an approved body................ 2

Part 3—Transitional provisions  4

7............ Savings—old law.......................................................................................................... 4

Schedule 1—Repeals  5

Export Market Development Grants (Approved Body) Guidelines 2008  5

Part 1—Preliminary

1  Name

This instrument is the Export Market Development Grants (Approved Bodies) Guidelines 2018.

2  Commencement

(1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1.  The whole of this instrument	1 July 2018.	1 July 2018

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

This instrument is made under paragraph 101(1)(c) of the Export Market Development Grants Act 1997.

4  Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5  Definitions

In this instrument:

Act means the Export Market Development Grants Act 1997.

Regulations means the Export Market Development Grants Regulations 2018.

Part 2—Guidelines

6  Guidelines for CEO of Austrade relating to approvals as an approved body

(1) For the purposes of paragraph 101(1)(c) of the Act, this section sets out guidelines for the exercise by the CEO of Austrade of his or her powers under Division 1 of Part 8 of the Act relating to the approval of a person as an approved body.

(2)  In deciding whether an applicant for approval as an approved body is capable of undertaking promotional activities as mentioned in paragraph 9(2)(f) of the Regulations, the CEO of Austrade must consider:

(a)  the technical and managerial skills required to undertake the promotional activities; and

(b)  the skills and experience of staff who would undertake the promotional activities; and

(c)  the effectiveness of the applicant’s previous promotional activities.

(3)  In deciding whether an applicant for approval as an approved body engages in promotional activities that are commercially and financially feasible as mentioned in subparagraph 9(2)(g)(iii) of the Regulations, the CEO of Austrade must consider:

(a)  the applicant’s proposed budget for the promotional activities; and

(b)  the applicant’s financial position; and

(c)  the applicant’s projected income for the 5 years after the date of the applicant’s application; and

(d)  the applicant’s administration costs.

(4)  In deciding whether an applicant for approval as an approved body generates, or is capable of generating, from its promotional activities, significant net benefits to Australia as mentioned in paragraph 9(2)(h) of the Regulations, the CEO of Austrade must consider:

(a)  the export activities of the applicant’s members as at the date of the applicant’s application; and

(b)  the applicant’s projected export earnings for the 5 years after the date of the applicant’s application; and

(c)  projected increases in employment in Australia arising from the promotional activities of the applicant for the 5 years after the date of the applicant’s application; and

(d)  projected new capital investment in Australia arising from the promotional activities of the applicant for the 5 years after the date of the applicant’s application; and

(e)  projected introduction of new technologies in Australia arising from the promotional activities of the applicant for the 5 years after the date of the applicant’s application; and

(f)  projected new value‑added operations in Australia arising from the promotional activities of the applicant for the 5 years after the date of the applicant’s application.

(5)  In deciding whether an applicant for approval as an approved body has a promotional plan as mentioned in paragraph 9(2)(i) of the Regulations, the CEO of Austrade must consider whether the applicant’s business plan includes:

(a)  market research on specific target markets; and

(b)  an analysis of the strengths and weaknesses of the industry; and

(c)  the applicant’s proposed promotional activities and a timetable for those promotional activities.

Part 3—Transitional provisions

7  Savings—old law

Despite the repeal of the Export Market Development Grants (Approved Body) Guidelines 2008 by Schedule 1 to this instrument, those guidelines continue to apply in relation to an application for approval as an approved body made before 1 July 2018.

Schedule 1—Repeals

Export Market Development Grants (Approved Body) Guidelines 2008

1  The whole of the instrument

Repeal the instrument.