Statutory Rules
1980 No. 287
REGULATIONS UNDER THE EXPORT EXPANSION GRANTS ACT 1978*
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 Expansion Grants Act 1978.
Dated this nineteenth day of September 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command.
(sgd) J. D. ANTHONY
Minister of State for Trade and Resources
AMENDMENTS OF THE EXPORT EXPANSION GRANTS REGULATIONS†
Repeal
1. Statutory Rules 1980 No. 186 are repealed.
Interpretation.
2. Regulation 2 of the Export Expansion Grants Regulations is amended—
(a) by inserting after the definition of “ forest operations ” the following definition:
“ ‘ gold ’ includes an alloy containing gold the value of which exceeds the total value of all other ingredients in the alloy;”;
(b) by inserting after the definition of “ meat ” the following definitions:
“ ‘ meat and bone meal ’ means the product obtained by drying and grinding meat pieces, containing a high proportion of bone, from warm-blooded land
* Notified in the Commonwealth of Australia Gazette on 26 September 1980.
† Statutory Rules 1979 No. 13 as amended to date. For previous amendments see footnote † to Statutory Rules 1980 No. 127 and see also Statutory Rules 1980 Nos. 127 and 186.
S.R. No. 150/80—Cat. No. —Recommended retail price 20c 12/18.8.1980
animals that is substantially free of hair, bristle, feathers, horn, hoof, skin and blood and of the contents of the stomach and viscera;
‘ meat meal ’ means the product obtained by drying and grinding carcasses and parts of carcasses of warm-blooded land animals, with the fat removed by process of extraction if necessary, that is virtually free of hair, bristle, feathers, horn, hoof and skin and of the contents of the stomach and viscera;”;
(c) by inserting after the definition of “ sheep ” the following definition:
“ ‘ silver ’ includes an alloy containing silver the value of which exceeds the total value of all other ingredients in the alloy;”; and
(d) by inserting after the definition of “ the Act ” the following definition:
“ ‘ unwrought aluminium ’ includes an alloy containing aluminium the mass of which exceeds the total mass of all other ingredients in the alloy;”.
Excluded goods
3. Regulation 4a of the Export Expansion Grants Regulations is repealed and the following regulation substituted:
“ 4a. Goods of each kind specified in Column 2 of Schedule 3 in an item in that Schedule are declared to be excluded goods.”.
Schedule 3
4. Schedule 3 to the Export Expansion Grants Regulations is repealed and the following Schedule substituted:
SCHEDULE 3 Regulation 4a
EXCLUDED GOODS
Column 1 | Column 2 |
Item | Goods |
1 | Gold |
2 | Hides |
3 | Meat |
4 | Meat and bone meal |
5 | Meat meal |
6 | Mineral or metallic substance produced in the course of processing or treatment of goods referred to in Item 1, 8, 11, 12 or 13, including residue, speiss, slag, dross, scale, matte, sweepings, ash, sludge, slime and dust so produced, not being waste material |
7 | Offal |
8 | Silver |
9 | Tallow |
10 | Wood chips |
11 | Unrefined copper |
12 | Unrefined lead |
13 | Unwrought aluminium |
Application
5. The Export Expansion Grants Regulations as amended by these Regulations apply in respect of claims relating to the grant year that commenced on 1 July 1980 and each succeeding grant year.
Printed by Authority by the Commonwealth Government Printer
Overview
The Export Expansion Grants Regulations 1980, enacted under the Export Expansion Grants Act 1978, were created by the Parliament of Australia to regulate the granting of export expansion grants aimed at encouraging the growth and development of Australian exports. These regulations address the need for clear and structured guidelines on how such grants are to be administered, particularly in terms of the types of goods eligible for grants and those that are excluded. The objective of the policy is to support Australian businesses in expanding their export activities, thus contributing to the broader economic growth of the country.
The Regulations were enacted to provide detailed provisions regarding the definition of certain terms, such as "gold," "silver," and various meat and mineral products, as well as to specify which goods are excluded from the grant eligibility. By amending and substituting previous regulations, the 1980 Regulations aimed to streamline the process of applying for and receiving export expansion grants, ensuring that the intended support reaches eligible sectors effectively.
Scope and Application
The Export Expansion Grants Regulations 1980, made under the Export Expansion Grants Act 1978, provide the legal framework for administering export expansion grants within the Commonwealth of Australia. These regulations apply to all entities and persons eligible for such grants, which typically include businesses and manufacturers that seek financial assistance to expand their export activities. The regulations detail the types of goods that are eligible or excluded from the grant scheme, ensuring that the grants are directed towards supporting specified industries and products. Notably, the regulations exclude certain goods such as gold, hides, meat and its derivatives, and unwrought aluminium, as specified in Schedule 3. The scope of these regulations extends nationally across Australia, providing a standardised approach to the administration of export expansion grants. The regulations also outline the procedure for making claims for grants, applicable to the grant year starting from 1 July 1980, and any subsequent years. While the primary focus is on the eligibility criteria and exclusions, the regulations may be further defined or modified through subordinate instruments, ensuring flexibility and adaptability to changing economic and industry conditions.
Key Provisions
The Export Expansion Grants Regulations 1980, made under the Export Expansion Grants Act 1978, contain several key provisions that govern the eligibility and exclusion of certain goods for grants. Regulation 2 amends the definitions in the original regulations to include specific terms related to gold (including alloys), meat and bone meal, meat meal, silver (including alloys), and unwrought aluminium (including alloys). These definitions are crucial for determining which commodities qualify under the regulations (Regulation 2). Regulation 4a replaces the previous list of excluded goods with a new schedule, specifying that goods such as gold, hides, meat, meat and bone meal, meat meal, mineral or metallic substances produced during the processing of certain goods, offal, silver, tallow, wood chips, unrefined copper, unrefined lead, and unwrought aluminium are excluded from the grant (Regulation 4a, Schedule 3).
These regulations impose obligations on entities seeking export expansion grants by clearly defining what constitutes eligible and excluded goods. Manufacturers, exporters, and other entities must ensure that their goods comply with the specified definitions and exclusions when applying for grants. For example, they must confirm that their goods are not listed under the excluded goods in Schedule 3 and that any alloys or substances meet the regulatory definitions of included goods (Regulation 4a, Schedule 3). Non-compliance with these definitions and exclusions could result in a disqualification of their grant application.
Breaching the provisions of these regulations can lead to civil or criminal consequences. For instance, submitting false information or misrepresenting goods to qualify for grants could result in penalties. Although the specific penalties are not detailed in the provided text, it is reasonable to infer that breaches of the Export Expansion Grants Act 1978 and its regulations could lead to fines or legal action. The severity of penalties may depend on the nature and extent of the breach, potentially including substantial financial penalties or legal sanctions for more serious or repeated violations.