Export Market Development Grants Regulations (Cth)

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EXPORT MARKET DEVELOPMENT GRANTS REGULATIONS
- In force under the Export Market Development Grants Act 1974
- Reprinted as at 30 September 1996 (HISTREG CHAP 1382 #DATE 30:09:1996)

EXPORT MARKET DEVELOPMENT GRANTS REGULATIONS
- TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS Regulation 1. Citation 2. Interpretation 3. Grant ceiling-prescribed amount in relation to approved trading house 6. Eligible services 7. Collection of statistics relating to the operation of the Act 7A. Eligible internal services 7B. Eligible tourism services 7C. Designated tourism services 8. Eligible internal educational services 8A. Eligible external governmental educational services 9. Declaration-bodies to which grants not payable 10. Declaration-bodies to which grants not payable except in respect of particular activity SCHEDULE 1 ELIGIBLE INTERNAL SERVICES SCHEDULE 2 ELIGIBLE TOURISM SERVICES SCHEDULE 3 DESIGNATED TOURISM SERVICES SCHEDULE 4 ELIGIBLE SERVICES SCHEDULE 5 ELIGIBLE INTERNAL EDUCATIONAL SERVICES SCHEDULE 5A ELIGIBLE EXTERNAL GOVERNMENTAL EDUCATIONAL SERVICES SCHEDULE 6 DECLARED BODIES TO WHICH GRANTS NOT PAYABLE SCHEDULE 7 DECLARED BODIES TO WHICH GRANTS ARE NOT PAYABLE EXCEPT IN RESPECT OF PARTICULAR ACTIVITIES

EXPORT MARKET DEVELOPMENT GRANTS REGULATIONS
- REG 1
Citation

1. These Regulations may be cited as the Export Market Development Grants Regulations.@01@

EXPORT MARKET DEVELOPMENT GRANTS REGULATIONS
- REG 2
Interpretation

2. In these Regulations: "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: (a) in the case of a course offered by an Australian educational institution-within or outside Australia; or (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; "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; "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; "development project" means a project by way of: (a) the design, supply or installation of equipment or facilities; (b) the construction of works; or (c) the development of urban or regional areas;
and includes any necessary preliminary studies, investigations or planning; "fishing operations" means operations relating directly to: (a) the taking or catching of fish, turtles, dugong, crustacea or oysters or other shellfish; (b) the taking or catching of pearl shell, trochus, beche-de-mer or green snails; (c) fish or oyster farming; or (d) the culture of pearls or pearl shell; "forest operations" means the planting or tending in a plantation or forest of trees intended for felling or the felling of trees in a plantation or forest, and includes the transport by a person who has felled trees in a plantation or forest of those trees or parts of those trees from the plantation or forest to a place where they are to be first subjected to milling or processing (including processing for the production of posts, poles or railway sleepers) or to a place from which they are to be transported to such a place; "health 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; "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; "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; "the Act" means the Export Market Development Grants Act 1974; "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.

EXPORT MARKET DEVELOPMENT GRANTS REGULATIONS
- REG 3
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.

EXPORT MARKET DEVELOPMENT GRANTS REGULATIONS
- REG 6
Eligible services

6. Services of each kind specified in Schedule 4 are declared to be eligible services.

EXPORT MARKET DEVELOPMENT GRANTS REGULATIONS
- REG 7
Collection of statistics relating to the operation of the Act

7. (1) For the purposes of subsection 40C (1) of the Act, the following statistical information is prescribed: (a) the information specified in subregulation (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.

EXPORT MARKET DEVELOPMENT GRANTS REGULATIONS
- REG 7A
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.

EXPORT MARKET DEVELOPMENT GRANTS REGULATIONS
- REG 7B
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.

EXPORT MARKET DEVELOPMENT GRANTS REGULATIONS
- REG 7C
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.

EXPORT MARKET DEVELOPMENT GRANTS REGULATIONS
- REG 8
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.

EXPORT MARKET DEVELOPMENT GRANTS REGULATIONS
- REG 8A
Eligible external governmental educational services

8A. Services of each kind specified in Schedule 5A, being services of an educational nature that are supplied by the Commonwealth, a State, the Australian Capital Territory or the Northern Territory to students outside Australia, are declared to be eligible external governmental educational services.

EXPORT MARKET DEVELOPMENT GRANTS REGULATIONS
- REG 9
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.

EXPORT MARKET DEVELOPMENT GRANTS REGULATIONS
- REG 10
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.

EXPORT MARKET DEVELOPMENT GRANTS REGULATIONS
- SCHEDULE 1

SCH

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; (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.

EXPORT MARKET DEVELOPMENT GRANTS REGULATIONS
- SCHEDULE 2

SCH

SCHEDULE 2 Regulation 7B ELIGIBLE TOURISM SERVICES 1. (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. (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.

EXPORT MARKET DEVELOPMENT GRANTS REGULATIONS
- SCHEDULE 3

SCH

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.

EXPORT MARKET DEVELOPMENT GRANTS REGULATIONS
- SCHEDULE 4

SCH

SCHEDULE 4 Regulation 6 ELIGIBLE SERVICES 1. Technical or advisory services supplied in relation to a development project that is, or is to be, carried out outside Australia, being: (a) services in the field of architecture; (b) services in the field of construction; (c) services in the field of economic evaluation; (d) services in the field of engineering; (e) services in the field of land survey; (f) services in the field of quantity surveying; or (g) services in the field of scientific, technological or economic research or planning. 2. Technical or advisory services supplied in relation to the exploration, prospecting or mining for, or processing of, minerals outside Australia, being: (a) services in the field of economic evaluation; (b) services in the field of geological or geophysical survey; (c) services in the field of metallurgy; (d) services in the field of mining engineering; (e) services in respect of mining or quarrying operations; or (f) services in respect of the processing of petroleum. 3. Advisory services supplied in relation to a project by way of: (a) the cultivation of land; (b) the maintenance of live-stock or poultry; (c) fishing operations; or (d) forest operations;
being a project that is, or is to be, carried out outside Australia. 4. Technical services in the field of transport, being services supplied in relation to: (a) the transport, by air or by sea, of passengers or freight; or (b) towing operations at sea;
from a place outside Australia to a place in Australia or another place outside Australia. 5. Services by way of maintenance of computer equipment. 6. Management consultancy services, being services supplied to a person, government or international organization in relation to activities carried on or intended to be carried on by the person, government or international organization, as the case may be, to improve managerial, operating and economic performance by means of identifying and investigating problems concerned with policy, organization, procedures and methods and recommending solutions to those problems, including the implementing of those solutions. 7. Services by way of provision of eligible goods under an agreement for lease or hire of those goods. 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. 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.

EXPORT MARKET DEVELOPMENT GRANTS REGULATIONS
- SCHEDULE 5

SCH

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.

EXPORT MARKET DEVELOPMENT GRANTS REGULATIONS
- SCHEDULE 5A

SCH

SCHEDULE 5A Regulation 8A ELIGIBLE EXTERNAL GOVERNMENTAL EDUCATIONAL SERVICES Services of an educational nature supplied by the Commonwealth, a State, the Australian Capital Territory or the Northern Territory to students 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.

EXPORT MARKET DEVELOPMENT GRANTS REGULATIONS
- SCHEDULE 6

SCH

SCHEDULE 6 Regulation 9 DECLARED BODIES TO WHICH GRANTS NOT PAYABLE Australian Atomic Energy Commission Australian Broadcasting Corporation Australian Film Commission Australian Overseas Projects Corporation Australian Trade Commission Commonwealth Scientific and Industrial Research Organisation Film Victoria Howard Florey Institute of Experimental Physiology and Medicine New South Wales Film Corporation Road Construction Authority Special Broadcasting Service

EXPORT MARKET DEVELOPMENT GRANTS REGULATIONS
- SCHEDULE 7

SCH

SCHEDULE 7 Regulation 10 DECLARED BODIES TO WHICH GRANTS ARE NOT PAYABLE EXCEPT IN RESPECT OF PARTICULAR ACTIVITIES Australian Administrative Staff College Australian Capital Territory Institute of Technical and Further Education Australian Capital Territory Ministry of Health, Education and the Arts Australian Catholic Institute of Higher Education Australian Defence Force Academy Australian Film, Television and Radio School Australian National University Ballarat College of Advanced Education Batchelor College Catholic College of Education, Sydney Charles Sturt University Curtin University of Technology Deakin University Department of Education, Tasmania Flinders University Griffith University Institute of Catholic Education James Cook University of North Queensland La Trobe University Macquarie University McAuley College Melbourne College of Advanced Education Ministry of Education, Victoria Monash University Murdoch University New South Wales Department of Education New South Wales Department of Technical and Further Education New South Wales Institute of Technology Northern Territory Department of Education Northern Territory University Queensland College of Art Queensland Department of Education Queensland Department of Employment, Vocational Education and Training Queensland University of Technology Signadou College of Education South Australian Department of Technical and Further Education South Australian Department of Education South Australian Institute of Technology State Training Board, Victoria University College of Central Queensland University College of Southern Queensland University of Adelaide University of Canberra University of Melbourne University of New England University of New South Wales University of Newcastle University of Queensland University of Sydney University of Tasmania University of Technology, Sydney University of Technology, Victoria University of Western Australia University of Western Sydney University of Wollongong Victoria College Western Australian College of Advanced Education Western Australian Department of Education

EXPORT MARKET DEVELOPMENT GRANTS REGULATIONS
- NOTE 1

NOTE *1* The Export Market Development Grants Regulations (in force under the Export Market Development Grants Act 1974) as shown in this reprint comprise Statutory Rules 1975 No. 129 amended as indicated in the Tables below. Table of Statutory Rules Year and Date of Date of Application Number Notification commencement saving or in Gazette transitional provisions 1975 No. 129 30 June 1975 Rr. 7 and 8: 4 June 1975 Remainder: 30 June 1975 1976 No. 73 5 Mar 1976 5 Mar 1976 - 131 24 June 1976 Rr. 2 and 3: 1 July 1976 Remainder: 24 June 1976 - 228 15 Oct 1976 15 Oct 1976 - 1977 No. 52 28 Apr 1977 28 Apr 1977 - 153 15 Sept 1977 15 Sept 1977 - 1978 No. 150 17 Aug 1978 17 Aug 1978 - 1979 No. 41 21 Mar 1979 21 Mar 1979 - 42 21 Mar 1979 21 Mar 1979 R. 5 1980 No. 53 20 Mar 1980 20 Mar 1980 - 128 30 May 1980 30 May 1980 - 396 31 Dec 1980 31 Dec 1980 R. 2 1981 No. 67 9 Apr 1981 9 Apr 1981 - 321 4 Nov 1981 4 Nov 1981 R. 2 1985 No. 370 20 Dec 1985 20 May 1985 - 1988 No. 168 30 June 1988 R. 6: 1 July 1988 Remainder: 20 May 1985 - 1991 No. 45 28 Mar 1991 1 July 1990 - 246 9 Aug 1991 9 Aug 1991 - 1992 No. 215 30 June 1992 1 July 1992 - 1993 No. 44 7 Apr 1993 R. 3: 1 July 1992 Rr. 4 and 5: 1 July 1990 Remainder: 7 Apr 1993 - 1995 No. 315 26 Oct 1995 Rr. 3, 9 and 11: 1 July 1994 Remainder: 26 Oct 1995 - Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted Provision affected How affected R. 2 rs. 1979 No. 42 am. 1985 No. 370; 1991 No. 45; 1995 No. 315 R. 3 rs. 1980 No. 53; 1981 No. 67 rep. 1988 No. 168 ad. 1991 No. 45 R. 4 rep. 1988 No. 168 ad. 1993 No. 44 rep. 1995 No. 315 R. 4A ad. 1977 No. 153 rep. 1988 No. 168 ad. 1993 No. 44 rep. 1995 No. 315 Rr. 4B-4D ad. 1993 No. 44 rep. 1995 No. 315 R. 5 am. 1976 No. 131; 1979 No. 42 rep. 1992 No. 215 R. 6 rep. 1976 No. 131 ad. 1979 No. 42 R. 7 rs. 1979 No. 42; 1985 No. 370 Rr. 7A, 7B ad. 1991 No. 45 R. 7C ad. 1995 No. 315 R. 8 rep. 1979 No. 42 ad. 1985 No. 370 R. 8A ad. 1988 No. 168 am. 1993 No. 44 R. 9 rep. 1979 No. 42 ad. 1985 No. 370 R. 10 ad. 1985 No. 370 Schedule 1 am. 1976 Nos. 73, 131 and 228; 1977 No. 52; 1978 No. 150; 1979 No. 41 rs. 1980 No. 53 am. 1980 No. 128 rs. 1981 No. 67; 1991 No. 45 Schedule 2 am. 1978 No. 150 rs. 1991 No. 45 am. 1995 No. 315 Schedule 2A ad. 1977 No. 153 am. 1978 No. 150 rep. 1991 No. 45 Schedule 3 rep. 1992 No. 215 ad. 1995 No. 315 Schedule 4 ad. 1979 No. 42 am. 1980 No. 396; 1981 No. 321; 1985 No. 370; 1991 No. 45 Schedule 5 ad. 1979 No. 42 rs. 1985 No. 370 Schedule 5A ad. 1988 No. 168 am. 1993 No. 44 Schedule 6 ad. 1985 No. 370 am. 1988 No. 168 Schedule 7 ad. 1985 No. 370 rs. 1988 No. 168; 1991 No. 246

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