Export Market Development Grants (Australian Net Benefit Requirements) Determination 2018 (Cth)

Export Market Development Grants (Australian Net Benefit Requirements) Determination 2018

I, Steven Ciobo, Minister for Trade, Tourism and Investment, make the following determination.

Dated 8 February 2018

Steven Ciobo

Minister for Trade, Tourism and Investment

Contents

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

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

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

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

5............ Australian net benefit requirements............................................................................... 1

6............ Savings—old law.......................................................................................................... 2

Schedule 1—Repeals  3

Export Market Development Grants (Australian Net Benefit Requirements) Determination 2008 3

1  Name

This instrument is the Export Market Development Grants (Australian Net Benefit Requirements) Determination 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Note:          This table relates only to the provisions of this instrument as originally made.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 section 10 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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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  Australian net benefit requirements

(1)  For the purposes of the Export Market Development Grants Act 1997, the requirements specified in this section are the Australian net benefit requirements for a grant year.

(2)  The applicant must demonstrate, to the reasonable satisfaction of the CEO of Austrade, that:

(a)  a commercial return:

(i)  was received in the grant year; or

(ii)  is receivable in respect of the grant year; or

(iii)  can reasonably be expected to be received in the foreseeable future;

by the applicant as a result of the activities to which the claimed expenses relate; and

(b)  having regard to the length of the periods over which those activities have been undertaken, and the amounts expended on them, that commercial return:

(i)  was or would be reasonably commensurate with the quantum of those expenses; and

(ii)  is of sufficient magnitude as to warrant further expenditure of public money by way of a further grant.

(3)  The applicant must demonstrate, to the reasonable satisfaction of the CEO of Austrade, that the financial position of the applicant’s business (including its reasonable prospects of gaining access to adequate levels of finance) is such that the applicant has reasonable prospects in the foreseeable future of achieving sustainable international business success.

(4)  The applicant must demonstrate, to the reasonable satisfaction of the CEO of Austrade, that the applicant’s international business activities do now, or are reasonably likely in the foreseeable future to, generate economic benefits to Australia:

(a)  in 2 or more of the following areas:

(i)  employment in Australia;

(ii)  new capital investment in Australia;

(iii)  introduction of new technologies into Australia;

(iv)  new value‑added operations in Australia; and

(b)  that are reasonably commensurate with the sum of any eligible expenses previously claimed by the applicant and the amount of the eligible expenses being claimed by the applicant in the application.

6  Savings—old law

Despite the repeal of the Export Market Development Grants (Australian Net Benefit Requirements) Determination 2008 by Schedule 1 to this instrument, that determination continues to apply in relation to an application for a grant made before 1 July 2018.

Schedule 1—Repeals

Export Market Development Grants (Australian Net Benefit Requirements) Determination 2008

1  The whole of the instrument

Repeal the instrument.