Statutory Rules
1980 No. 397
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 twenty-second day of December 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
Minister of State for Trade and Resources
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AMENDMENT OF THE EXPORT EXPANSION GRANTS REGULATIONS†
Schedule 2
1. Schedule 2 to the Export Expansion Grants Regulations is amended by adding at the end thereof the following clauses:
“ 4. Services by way of maintenance of computer equipment.
“ 5. 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.
“ 6. Services by way of provision of goods under an agreement for lease or hire of those goods.”.
Application
2. (1) In this regulation—
“ amended Schedule ” means Schedule 2 to the Export Expansion Grants Regulations as amended by these Regulations;
* Notified in the Commonwealth of Australia Gazette on 31 December, 1980.
† Statutory Rules 1979 No. 13 as amended by Statutory Rules 1979 No. 105; and 1980 Nos. 127 and 287.
S.R. No. 75/80 Cat. No. —Recommended retail price 20c 15/5.12.1980
“ base year ” means a year that commenced on 1 July 1976, 1 July 1977 or 1 July 1978;
“ earnings from new eligible services ”, in relation to a person, means the amount of the export earnings received by the person that is attributable to the export by the person, of one or more of the eligible services specified in clauses 4, 5 and 6 of the amended Schedule;
“ relevant grant year ” means the grant year that commenced on 1 July 1979.
(2) Subject to this regulation, the amended Schedule applies in respect of claims relating to the relevant grant year and each succeeding grant year.
(3) Where a person had export earnings in at least 2 base years, the amended Schedule does not apply in respect of a claim, submitted by the person relating to the relevant grant year if the aggregate of the earnings from new eligible services of the person in those base years exceeded the amount derived by multiplying his earnings from new eligible services in the relevant grant year by the number of base years during which the person had export earnings.
(4) Where a person had export earnings in only one base year, the amended Schedule does not apply in respect of a claim submitted by the person relating to the relevant grant year if the aggregate of the earnings from new eligible services of the person in that base year exceeded the amount derived by multiplying his earnings from new eligible services in the relevant grant year by 1.33.
Printed by Authority by the Commonwealth Government Printer
Overview
The Export Expansion Grants Act 1978 was enacted to provide financial assistance to Australian exporters, thereby fostering growth and enhancing the competitiveness of Australian businesses in international markets. This Act was a response to the need for government support in enabling Australian enterprises to expand their export activities, particularly in a global economic environment that was becoming increasingly competitive. The Export Expansion Grants Regulations 1980 were subsequently introduced to provide the framework for administering the grants under the Act. These regulations were designed to clarify the types of services eligible for export expansion grants, including services related to the maintenance of computer equipment, management consultancy, and the provision of goods under lease or hire agreements. The policy objective was to ensure that the grants effectively supported new and emerging export activities, particularly those that could significantly contribute to Australia's economic growth.
Scope and Application
The Export Expansion Grants Regulations 1978, as amended by Statutory Rules 1980 No. 397, pertain to the eligibility criteria and application process for grants aimed at expanding export activities in Australia. The regulations apply to individuals, entities, and businesses involved in exporting goods and services, specifically targeting those engaged in new eligible services such as maintenance of computer equipment, management consultancy services, and the provision of goods under lease or hire agreements. These regulations are applicable nationally within the Commonwealth of Australia and govern the claims process for the relevant grant year starting from 1 July 1979, with specific conditions on the eligibility based on export earnings from prior base years. The regulations exclude claims if the aggregate earnings from new eligible services in prior base years exceed certain thresholds relative to the earnings in the relevant grant year, thereby ensuring that the grants are directed towards genuinely expanding export activities.
Key Provisions
The main operative sections of the Export Expansion Grants Regulations pertain to the expansion of eligible services for the purposes of receiving grants under the Export Expansion Grants Act 1978. Specifically, the amended Schedule 2 (clauses 4, 5, and 6) introduces new types of services that are eligible for grants. Clause 4 allows for the maintenance of computer equipment, Clause 5 encompasses management consultancy services, and Clause 6 covers the provision of goods under lease or hire agreements. These clauses broaden the scope of activities that can qualify for grants, providing more opportunities for businesses to apply for financial assistance aimed at enhancing their export capabilities.
The obligations and requirements imposed by these Regulations include ensuring that the services provided fall within the newly defined categories of eligible services. Businesses must demonstrate that their export activities involve one or more of these services to qualify for a grant. Additionally, businesses need to maintain accurate records of their export earnings, particularly those attributable to the new eligible services, to substantiate their claims. The Regulations also specify that the amended Schedule applies only to claims relating to the relevant grant year and subsequent years, provided that the aggregate earnings from new eligible services do not exceed certain thresholds based on previous years’ earnings.
The Regulations outline specific consequences for breaches. Although the text does not explicitly state penalties, breaches of the requirements could potentially lead to disqualification from receiving grants or other financial assistance under the Act. Further, there might be administrative or legal repercussions for inaccurate reporting or misrepresentation of export earnings. It is also important to note that while specific penalties are not outlined in the provided text, breaches of legislative requirements can generally result in fines or other legal consequences depending on the severity and nature of the breach.
In summary, the Export Expansion Grants Regulations amend the types of services eligible for grants, impose record-keeping and reporting obligations on businesses, and implicitly suggest that non-compliance could lead to disqualification from grant benefits. While the exact penalties are not detailed, breaches could have significant administrative and legal implications.