Statutory Rules 1981 No. 1831
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Export Expansion Grants Regulations2 (Amendment)
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Export Expansion Grants Act 1978.
Dated 25 June 1981.
STANLEY BURBURY
Administrator
By His Excellency’s Command,
Sg’d Ian Sinclair
(Ian Sinclair)
Minister of State for Communications for and on behalf of the Minister of State for Trade and Resources
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The Export Expansion Grants Regulations are amended by adding at the end thereof the following regulation:
Adjustment of export earnings increment as a consequence of loss of export earnings
“7. (1) In this regulation, a reference to export earnings lost by a person is a reference to export earnings in relation to which the Board is satisfied on an application made in accordance with this regulation that that person, under the terms of a firm contract entered into before 23 May 1980, would have had in a grant year commencing on 1 July 1979 or 1980 but, as a consequence of the operation of regulation 6b of the Customs (Prohibited Exports) Regulations, did not have.
“(2) A person may make application to the Board in accordance with sub-regulation (3) for the purposes of sub-regulation (1).
“(3) An application under sub-regulation (2) shall set out all material by which the applicant seeks to prove the existence of the contract referred to in sub-regulation (1).
S.R. No. 81/81 Cat. No. —Recommended retail price 20c 15/2.6.1981
“(4) For the purposes of sub-section 7 (1) of the Act, the export earnings increments of persons in relation to a grant year commencing on 1 July 1979 or 1980 are to be calculated as if the export earnings of persons—
(a) where a person had export earnings in each of the 3 immediately preceding years—during those years;
(b) where a person had export earnings in only 2 of the 3 immediately preceding years—during those 2 years; or
(c) where a person had export earnings in only one of the 3 immediately preceding years—during that year,
had been lower, than they actually were by—
(d) an amount calculated in the manner specified in sub-regulation (5); or
(e) an amount that is 1 dollar less than those export earnings,
whichever is the lesser.
“(5) For the purposes of sub-regulation (4), the amount by which the export earnings of a person are, under that sub-regulation, to be reduced is to be calculated by ascertaining the amount of export earnings lost by that person.’’.
NOTES
1. Notified in the Commonwealth of Australia Gazette on 30 June 1981.
2. Statutory Rules 1979 as amended to date for previous amendment to see Note 2 to Statutory Rules 1981, No. 137 and see also Statutory Rules 1981, No. 137.
Printed by Authority by the Commonwealth Government Printer
Overview
The Export Expansion Grants Regulations 1981 No. 183, made under the Export Expansion Grants Act 1978, were introduced to address the issue of lost export earnings by businesses due to the operation of the Customs (Prohibited Exports) Regulations. The legislation was enacted by the Commonwealth of Australia, with the Administrator acting with the advice of the Federal Executive Council. The primary policy objective was to provide a mechanism for businesses to apply for adjustments to their export earnings increments in the event of a loss of export earnings resulting from prohibited exports, thereby ensuring fairness and support for affected entities. These regulations allow businesses to submit applications to the Board to substantiate lost export earnings, enabling the recalculation of export earnings increments for the purposes of determining grant eligibility.
Scope and Application
The Export Expansion Grants Regulations 1981 (Amendment) pertains to the Export Expansion Grants Act 1978, which applies to persons who have experienced a loss of export earnings due to the operation of regulation 6b of the Customs (Prohibited Exports) Regulations. Specifically, it concerns individuals who had firm contracts in place prior to 23 May 1980, and subsequently did not receive grants for the financial years starting on 1 July 1979 or 1980. The regulation allows these individuals to apply to the Board for an adjustment to their export earnings increments to compensate for the lost export earnings. The application process requires the applicant to provide evidence of the relevant contract. The regulation applies nationally within the Commonwealth of Australia and provides a mechanism for calculating the adjusted export earnings based on the export earnings of the preceding years. Notably, the regulation does not specify any exclusions, exemptions, or thresholds beyond those already stipulated in the parent Act and the Customs (Prohibited Exports) Regulations. Any further application or interpretation of these regulations may be subject to subordinate instruments or administrative guidelines issued under the authority of the Act.
Key Provisions
The Export Expansion Grants Regulations, as amended by Statutory Rules 1981 No. 183, introduce new provisions concerning the adjustment of export earnings increments due to lost export earnings. Regulation 7 outlines the process for adjusting these increments for individuals who experienced a loss of export earnings due to specific circumstances, particularly related to contracts entered into before 23 May 1980 and affected by the Customs (Prohibited Exports) Regulations (section 7(1)). To be eligible, an applicant must submit an application to the Board, providing all relevant materials to substantiate their claim (section 7(2) and (3)).
Under these regulations, the Board is tasked with calculating the adjusted export earnings increments for grant years commencing on 1 July 1979 or 1980. This calculation involves comparing the actual export earnings of the applicant against a hypothetical scenario where those earnings would have been lower by a certain amount, as specified in the regulation (section 7(4)). The reduction in export earnings is determined by the amount of lost export earnings, which is calculated according to the criteria outlined in section 7(5). Essentially, the regulation allows for a reassessment of the export earnings to reflect the losses incurred due to the specified circumstances.
There are no specific obligations or requirements imposed on the parties or entities governed by these regulations beyond the application process and the provision of supporting material. However, it is crucial for applicants to accurately present their claims and substantiate their losses to ensure a fair adjustment of their export earnings increments.
While the regulations do not explicitly outline offences or penalties for non-compliance, it can be inferred that failure to provide accurate information or to submit a valid application could result in the denial of the adjustment of export earnings increments. Additionally, any fraudulent or misleading application could potentially lead to further scrutiny or legal consequences under the broader legislative framework of the Export Expansion Grants Act 1978. The exact nature of any civil or criminal penalties would depend on the specific circumstances and the applicable laws at the time.