Export Market Development Grants Regulations (Amendment) (Cth)

Statutory Rules 1991 No. 451

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Export Market Development Grants Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Export Market Development Grants Act 1974.

Dated 21 March 1991.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

JOHN N. BUTTON

Minister of State for Industry,

Technology and Commerce

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1. Commencement

1.1 These Regulations are taken to have commenced on 1 July 1990.

2. Amendment

2.1 The Export Market Development Grants Regulations are amended as set out in these Regulations.

3. Regulation 2 (Interpretation)

3.1 Insert the following definitions:

“‘legal service’ means:

(a) a service of a legal professional nature provided by a person who is entitled for the time being to practise as a barrister or solicitor, or both, in a State or Territory; or

(b) a service provided in the course of, or for the purpose of, dispute resolution:

(i) by arbitration, conciliation or mediation; or

(ii) by any similar process;

that does not involve proceedings of a judicial nature;

‘overseas legal service’ means:

(a) a service of a legal professional nature provided outside Australia by a person who is entitled for the time being to practise as a legal practitioner (however described) in any place; or

(b) a service provided outside Australia in the course of, or for the purpose of, dispute resolution:

(i) by arbitration, conciliation or mediation; or

(ii) by any similar process;

that does not involve proceedings of a judicial nature;

‘tourist attraction’ means a place for entry to which payment is required, that is:

(a) a place that possesses one or more outstanding natural features, or is of historical interest; or

(b) a park, nature reserve or botanical garden; or

(c) a wildlife sanctuary or zoological garden; or

(d) a museum, art gallery or craft centre; or

(e) any:

(i) place that constitutes, or provides, an amenity appropriate to tourists; or

(ii) exhibition, fair, festival or similar event;

declared by the Commission, by notice in the Gazette, to be a tourist attraction for the purposes of these Regulations;

‘transfer service’, in relation to a person visiting Australia solely or partly as a tourist, means a service that transports the person for a distance not exceeding 50 kilometres between:

(a) the person’s point of arrival in Australia and a place of accommodation; or

(b) a place of accommodation and the person’s point of departure from Australia;”.

4. New regulation 3

4.1 After regulation 2, insert:

Grant ceiling—prescribed amount in relation to approved trading house

“3. For the purposes of paragraph (b) of the definition of ‘grant ceiling’ in subsection 3 (1) of the Act, the amount of $500,000 is prescribed in relation to an approved trading house.”.

5. New regulations 7a and 7b

5.1 After regulation 7 insert:

Eligible internal services

“7a. For the purposes of subsection 43 (2b) of the Act, services of the kinds specified in Schedule 1 are declared to be eligible internal services.

Eligible tourism services

“7b. (1) For the purposes of subsection 43 (3b) of the Act, a service of the kind specified in Schedule 2 is declared to be an eligible tourism service.

“(2) A transfer service is taken not to be an amenity for the purposes of item 1 in Schedule 2.”.

6. Repeal of Schedules 1, 2 and 2a

6.1 Schedules 1, 2 and 2a are repealed.

7. New Schedules 1 and 2

7.1 After regulation 10, insert:

SCHEDULE 1 Regulation 7a

ELIGIBLE INTERNAL SERVICES

1. Services that, in the opinion of the Commission, are services by way of the performance in Australia of work (including repair, maintenance, modification or overhaul) on goods owned by a person who is not a resident of Australia within the meaning of section 11 of the Act that adds to their value, if the goods are:

(a) imported with the intention of exporting them after the work on them has been done; or

(b) brought to Australia solely for the purpose of doing the work on them; or

(c) brought to Australia for another purpose and kept in Australia solely for the purpose of doing the work on them.

2. The supply within Australia to a person who is not a resident of Australia within the meaning of section 11 of the Act, of any of the following services:

(a) services relating to human health care;

(b) services in relation to the making of:

(i) the positive or negative of a cinematograph film or photograph, or a video tape or video disc; or

(ii) any other means of reproducing a visual image; or

(iii) a sound recording or any means of reproducing a sound recording;

(c) services in relation to:

(i) design; or

(ii) graphics; or

(iii) printing; or

(iv) lithographs; or

(v) artistic painting (including portraits); or

(vi) draughting or modelling of an industrial nature;

SCHEDULE 1—continued

(d) scientific or technical testing or analysis of:

(i) architectural or industrial models (including models stored in a computerised form); or

(ii) the chemical or physical attributes or properties of materials or manufactured items;

(e) services by way of scientific or technological research or trials;

(f) services in relation to the processing of agricultural or mineral products that have been produced overseas and imported:

(i) solely for the purpose of the processing; and

(ii) with the intention of exporting them after the processing has taken place;

(g) legal services, other than:

(i) services in relation to:

(A) the sale or purchase of an estate or interest in real property or leasehold property, being property situate in Australia; or

(B) an option given for valuable consideration to purchase such an estate or interest; or

(C) any financial transaction that is related to, or preparatory to, a transaction specified in sub- subparagraph (A) or (B); or

(ii) proceedings under the Family Law Act 1975; or

(iii) proceedings or action (whether of a judicial nature or not) relating to:

(A) the adoption, custody or welfare of a child; or

(B) the maintenance (otherwise than under a deed, trust or will) of any person; or

(C) any other proceeding or matter in the nature of a matrimonial cause; or

(D) migration to Australia, including proceedings or action to enter or remain in Australia.

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SCHEDULE 2 Regulation 7b

ELIGIBLE TOURISM SERVICES

1. The provision within Australia, to a person who is not a resident of Australia within the meaning of section 11 of the Act, for an all-inclusive price under a contract with a person who is not such a resident, of at least 3 of the following amenities:

(a) passenger transport by land;

(b) passenger transport by water;

(c) passenger transport by air;

(d) accommodation (whether on land or on a vessel) for one or more nights;

(e) a tour accompanied by an escort who is not a driver of the tour;

(f) admission to a tourist attraction.

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8. Schedule 4 (Eligible Services)

8.1 Add at the end:

“10. Overseas legal services, other than:

(a) services in relation to:

(i) the sale or purchase of an estate or interest in real property or leasehold property, being property situate in Australia; or

(ii) an option given for valuable consideration to purchase such an estate or interest; or

(iii) any financial transaction that is related to, or preparatory to, a transaction specified in subparagraph (i) or (ii); or

(b) proceedings under the Family Law Act 1975; or

(c) proceedings or action (whether of a judicial nature or not) relating to:

(i) the adoption, custody or welfare of a child; or

(ii) the maintenance (otherwise than under a deed, trust or will) of any person; or

(iii) any other proceeding or matter in the nature of a matrimonial cause; or

(iv) migration to Australia, including proceedings or action to enter or remain in Australia.

“11. Services supplied outside Australia by way of repair, maintenance, modification or overhaul of goods owned by a person who is not a resident of Australia within the meaning of section 11 of the Act.

“12. Services (including technical or advisory services) by way of protection of the environment or control of pollution, supplied in respect of a place or places outside Australia.

“13. Technical or advisory services supplied in respect of the processing outside Australia of agricultural products.

“14. Services in respect of the recruitment of residents of Australia, within the meaning of section 11 of the Act, to work on projects outside Australia.”

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 28 March 1991.

2. Statutory Rules 1975 as amended by 1976 Nos. 73, 131 and 228; 1977 Nos. 52 and 153; 1978 No. 150; 1979 Nos. 41 and 42; 1980 Nos. 53, 128 and 396; 1981 Nos. 67 and 321; 1985 No. 370 and 1988 No. 168.