Export Market Development Grants Regulations (Amendment) (Cth)

Statutory Rules 1995

No. 315 1

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Export Market Development Grants Regulations 2(Amendment)

I, the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Export Market Development Grants Act 1974.

Dated 19 October 1995.

 P. R. SINCLAIR

 Administrator

By His Excellency’s Command,

R. Mcmullan

Minister for Trade

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1.   Commencement

1.1 Regulations 3, 9 and 11 are taken to have commenced on 1 July 1994.

 

[NOTE: The remainder of these Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

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:

“‘casino service’ means service directly related to the act of gambling within an establishment licensed as a casino under a law of the Commonwealth or of a State or Territory;

‘convention centre’ means an establishment, whether freestanding or part of another building, the principal purpose of which is to provide a venue and associated facilities for meetings, conventions and exhibitions;

‘restaurant service’ means provision of food and beverage by set-place table service in an establishment:

• (a)

  that is designed primarily for the purpose of dining; and

• (b)

  in respect of which a licence or permit authorising the sale of liquor for consumption on the premises has been granted under a law of the Commonwealth or of a State or Territory;”.

4.   Regulation 4 (Specification of particular kinds of goods)

4.1   Omit the regulation.

5.   Regulation 4A (Specification of particular kinds of know-how)

5.1   Omit the regulation.

6.   Regulation 4B (Specification of particular kinds of property rights)

6.1   Omit the regulation.

7.   Regulation 4C (Specification of particular kinds of services)

7.1   Omit the regulation.

8   Regulation 4D (Specification of particular kinds of technical services)

8.1   Omit the regulation.

9.   New regulation 7C

9.1   After regulation 7B, insert:

Designated tourism services

“7C.

For the purpose of subsection 43 (3C) of the Act, a service of the kind specified in Schedule 3 is a designated tourism service.”.

10.   Schedule 2 (Eligible tourism services)

10.1   Item 1:

Add at the end:

“(2)

In reckoning the number of amenities provided to a person for the purpose of subitem (1), an amenity provided within, or otherwise as part of, a tourist attraction of a kind referred to in paragraph (e) of the definition of ‘tourist attraction’ in regulation 2 is not to be counted in addition to the amenity of admission to that tourist attraction.

“(3)

An amenity must not be included in the reckoning of the number of amenities provided to a person for the purpose of subitem (1) unless that amenity:

• (a)

  is capable of providing a real inducement for a person to visit Australia; and

• (b)

  is more than a token offering; and

• (c)

  is promoted as part of the package at an overseas point of sale; and

• (d)

  is utilised by a significant number of purchasers of the package.”.

11.   New Schedule 3

11.1   After Schedule 2, insert:

 “SCHEDULE 3 Regulation 7C

DESIGNATED 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, of any 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;

• (g)

  convention centre;

• (h)

  restaurant service;

• (i)

  casino service.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 26 October 1995.

2. Statutory Rules 1975 No. 129 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; 1988 No. 168; 1991 Nos. 45 and 246; 1992 No. 215; 1993 No. 44.