Export Market Development Grants (Close Relationships — Events Promoters) Determination 2015 (Cth)

Export Market Development Grants (Close Relationships — Events Promoters) Determination 2015

as amended

made under paragraph 101 (1) (b) of the

Export Market Development Grants Act 1997

This compilation number 1 (one) was prepared on 1 July 2016
taking into account amendments up to Export Market Development Grants (Close Relationships – Event Promoters) Amendment Instrument 2016 (No. 1)

Prepared by the Australian Trade Commission

Contents

1. Name of Determination [see Note 1]   3

2. Commencement   3

3. Definition   3

4. Purpose   3

5. General principle   3

6. Other circumstances   4

7. Repeal and saving   4

Notes   5

1. Name of Determination [see Note 1]

   This Determination is the Export Market Development Grants (Close Relationships — Events Promoters) Determination 2015.

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 2015.	1 July 2015

Note:          This table relates only to the provisions of this instrument as originally made.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.

1. Definition

   In this determination:

   Act means the Export Market Development Grants Act 1997.

2. Purpose

   This determination sets out guidelines to be complied with by the CEO of Austrade in forming, for the purposes of paragraph 25A (1) (c) of the Act, an opinion whether an events promoter is, or is not, closely related to an event holder.

3. General principle

   In forming an opinion whether an events promoter is, or is not, closely related to an event holder, the CEO of Austrade must consider the following matters:

   (a)    any connection between the events promoter and the event holder; and

   (b)    the extent of any control or influence that:

   (i)    the events promoter can exercise over the event holder; or

   (ii)    the event holder can exercise over the events promoter; and

   (c)    when the events promoter commenced operations; and

   (d)    whether the event holder is the only client of the events promoter; and

   (e)    whether the events promoter actively solicits other clients; and

   (f)    whether the events promoter promotes only 1 event.

4. Other circumstances

   Without limiting section 5:

   (a)    an event holder is closely related to an events promoter if the CEO of Austrade is satisfied that:

   (i)    the events promoter is not genuinely separate from the event holder; or

   (ii)    corporate arrangements between the event holder and the events promoter have been designed artificially with an intention to qualify for a grant; or

   (iii)    the event holder and the events promoter are entities to which the Export Market Development Grants (Close Relationships — General) Determination 2016 applies; and

   (b)    the CEO of Austrade may form the opinion that an event holder is not closely related to an events promoter if:

   (i)    the events promoter is engaged by the event holder on a competitive commercial basis; or

   (ii)    the events promoter has not been set up solely to promote an event holder’s event, and neither the events promoter nor the event holder has control over the other; or

   (iii)    the relationship between the events promoter and the event holder arises only because of the formation of an organising committee or secretariat.

5. Repeal and saving

   (1)   The Export Market Development Grants (Close Relationships — Events Promoters) Determination 2002 is repealed.

   (2)   However, the Export Market Development Grants (Close Relationships — Events Promoters) Determination 2002 continues to apply in relation to working out entitlement to a grant in respect of a grant year commencing on 1 July during the period from the start of 1 July 2002 to the end of 30 June 2015.

Notes to the Export Market Development Grants (Close Relationships — Events Promoters) Determination 2015

Note 1

The Export Market Development Grants (Close Relationships — Events Promoters) Determination 2015 (in force under paragraph 101 (1) (b) of the Export Market Development Grants Act 1997) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title	Date of FRLI registration	Date of commencement	Application, saving or transitional provisions
Export Market Development Grants (Close Relationships — Events Promoters) Determination 2015	30 June 2015 (see F2015L01028)	1 July 2015
Export Market Development Grants (Close Relationships — Events Promoters) Amendment Instrument 2016 (No. 1)	28 June 2016 (see F2016L01096)	1 July 2016	—

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected	How affected
S. 6.........................................	am. 2016 No. 1