Export Market Development Grants Regulations (Amendment) (Cth)

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Statutory Rules 1985

N o. 370 1

Export Market Development Grants

Regulations2 (Amendment)

I, T H E 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 19 December 1985.

N. M STEPHEN

Governor-General

By His Excellency's Command,

J. S. DAWKINS

Minister of State for Trade

Commencement

1. These Regulations shall be deemed to have come into operation on

20 May 1985.

Principal Regulations

2. In these Regulations, "Principal Regulations" means the Export Market

(a)

in the case of a course offered by an Australian educational institution—within or outside Australia;

or

Development Grants Regulations.

Interpretation

3. Regulation 2 of the Principal Regulations is amended—

(a) by inserting before the definition of "development project" the

following definitions:

"'approved course' means a course of study, whether or not

leading to a formal award, approved by the Minister of State for Education by instrument in writing to be offered to overseas students—

Export Market Development Grants

1985 No. 370

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»

(b)

in the case of a course offered by a resident of

Australia,

not

being

an

Australian

educational

institution—within Australia;

'Australian educational institution' means a body specified in

Schedule 7;

'course service' means a plan or syllabus in respect of a course of study together with equipment or materials relating to that course, offered to users outside Australia, being—

(a)

a course offered by an Australian resident other than an Australian educational institution; or

(b)

a registered course offered by an Australian educational institution;";

(b)

by inserting after the definition of "forest operations" the following definition:

" 'hea l th care' means care or treatment in the field of health (including public health) services, medical services, paramedical services or dental services and includes technical assistance and consultant services in any of those fields;"; and

(c) by omitting the definition of "tourist attractions".

4. Regulation 7 of the Principal Regulations is repealed and the following

regulations are substituted:

Collection of statistics relating to the operation of the Act

"7. (1) For the purposes of sub-section 40c (1) of the Act, the following

statistical information is prescribed:

(a)

the information specified in sub-regulation (2) relating to the kinds of eligible goods, eligible services, eligible internal services, eligible internal educational services, eligible industrial property rights and eligible know-how supplied by a claimant; and

(b)

the numbers of persons employed for particular purposes in any business of the claimant that relates to the claim of that claimant.

" (2) The information referred to in paragraph (1) (a) is the following

information in relation to the export destinations of the kinds of goods,

services, rights and know-how specified in that paragraph:

(i) the period of years during which the claimant has been exporting to those destinations;

(ii) the free on board value of export earnings in relation to those destinations; and

(iii) the eligible expenditure incurred in relation to those destinations.

Eligible internal educational services

"8. Services of each kind specified in Schedule 5, being services of an

educational nature supplied to students in Australia, are declared to be

eligible internal educational services.

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1985 No. 370

Declaration—bodies to which grants not payable

"9. An authority or association specified in Schedule 6 is declared to be

a body to which grants are not payable.

Declaration—bodies to which grants not payable except in respect of particular activity

"10. An authority or association specified in Schedule 7 is declared to be a body to which grants are not payable except in respect of eligible services referred to in clause 8 of Schedule 4 or eligible internal educational services.".

Schedule 4

5. Schedule 4 to the Principal Regulations is amended—

(a)

by omitting "in a country other than Australia" (wherever occurring) and substituting "outside Australia";

(b)

by omitting from clause 4 "between a place outside Australia and" and substituting "from a place outside Australia to"; and

(c) by adding at the end the following clauses:

"8. Educational services provided outside Australia, being—

(a) services in respect of the provision of approved courses;

(b)

services in respect of the establishment of educational institutions, study centres or educational facilities;

(c)

services in respect of the provision of curricula or of course services;

(d)

services in respect of the provision of courses of study prepared by arrangement with individual clients outside Australia, being courses that are administered or intended to be administered individually to those clients; or

(e)

services in respect of the provision of courses of study related to the training of persons having responsibility for the training of other persons.

"9. Technical or advisory services supplied in relation to the

provision of health care facilities or health care outside Australia,

being—

(a) services in the field of planning or design;

(b) services in the field of construction;

(c)

services in the field of recruitment of personnel or procurement of goods and services;

(d) services in the field of operation or management; or

(e) services in the field of personal health care.".

Schedule 5

6. Schedule 5 to the Principal Regulations is repealed and the following

Schedules are substituted:

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1985 No. 370

SCHEDULE 5

Regulation 8

ELIGIBLE INTERNAL EDUCATIONAL SERVICES

Services of an educational nature supplied to students in Australia, being—

(a) services in respect of the provision of approved courses;

(b)

services in respect of the provision of courses of study prepared by arrangement with individual clients outside Australia, being courses that are administered or intended to be administered individually to those clients; or

(c)

services in respect of the provision of courses of study related to the training of persons having responsibility for the training of other persons.

SCHEDULE 6

Regulation 9

DECLARED BODIES TO WHICH GRANTS NOT PAYABLE

Australian Atomic Energy Commission

Australian Broadcasting Commission

Australian Film Commission

Australian Overseas Projects Corporation

Commonwealth Scientific and Industrial Research Organisation

Howard Florey Institute of Experimental Physiology and Medicine

New South Wales Film Corporation

Special Broadcasting Service

SCHEDULE 7

Regulation 10

DECLARED BODIES TO WHICH GRANTS NOT PAYABLE EXCEPT IN RESPECT

OF PARTICULAR ACTIVITIES

Armidale College of Advanced Education

Australian Administrative Staff College

Australian Defence Academy

Australian Film and Television School

Australian Maritime College

Australian National University

Ballarat College of Advanced Education

Bendigo College of Advanced Education

Bunbury Institute of Advanced Education

Canberra College of Advanced Education

Canberra School of Art

Canberra School of Music

Capricornia Institute of Advanced Education

Catholic College of Education, Sydney

Chisholm Institute of Technology

Commonwealth Department of Education Office of ACT Further Education

Cumberland College of Health Sciences

Darling Downs Institute of Advanced Education

Darwin Institute of Technology

Deakin University

Flinders University of South Australia

Footscray Institute of Technology

Gippsland Institute of Advanced Education

Gold Coast College of Advanced Education

Griffith University

Hawkesbury Agricultural College

Hawthorn Institute of Education

Institute of Catholic Education

James Cook University of North Queensland

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1985 No. 370

Kuring-gai College of Advanced Education

La Trobe University

Lincoln Institute of Health Sciences

Macarthur Institute of Higher Education

Macquarie University

Melbourne College of Advanced Education

Mitchell College of Advanced Education

Monash University

Murdoch University

Nepean College of Advanced Education

Newcastle College of Advanced Education

New South Wales Department of Technical and Further Education

New South Wales Institute of Technology

New South Wales Conservatorium of Music

Northern Rivers College of Advanced Education

Northern Territory Department of Education Technical and Further Education Branch

Orange Agricultural College

Phillip Institute of Technology

Queensland Agricultural College

Queensland College of Art

Queensland Conservatorium of Music

Queensland Department of Education Division of Technical and Further Education

Queensland Institute of Technology

Riverina-Murray Institute of Higher Education

Roseworthy Agricultural College

Royal Melbourne Institute of Technology

South Australia Department of Technical and Further Education

South Australian College of Advanced Education

South Australian Institute of Technology

Swinburn Limited

Sydney College of Advanced Education

Sydney College of the Arts

Tasmania Department of Education Further Education Branch

Tasmanian State Institute of Technology

University of Adelaide

University of Melbourne

University of Newcastle

University of New England

University of New South Wales

University of Queensland

University of Sydney

University of Tasmania

University of Western Australia

University of Wollongong

Victoria College

Victoria Department of Education Technical and Further Education Board

Victorian College of Agriculture and Horticulture

Victorian College of the Arts

Victorian College of Pharmacy Ltd

Warrnambool Institute of Advanced Education

Western Australia Department of Education Technical and Further Education Branch

Western Australian College of Advanced Education

Western Australian Institute of Technology

NOTES

1.

Notified in the Commonwealth

of Australia

Gazette

on 20 December 1985.

2.

S ta tu tory Rules

1975 No.

129 as amended by

1 9 7 6 N o s. 73, 131 and 228;

1 9 7 7 N o s .

52 and

153; 1978 No. 150; 1 9 7 9 N o s. 41 and 42; 1 9 8 0 N o s. 53, 128 and 396;

1981Nos.

67 and 321.

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