Export Market Development Grants Act 1974 - Approved Joint Ventures and Consortia

Overview

The Export Market Development Grants Act 1974 was enacted to provide financial assistance for the development of export markets for Australian goods and services. This Act was introduced to address the need for support in enhancing the competitiveness of Australian businesses in the global market. The Act was passed by the Parliament of Australia and seeks to provide a policy objective of facilitating export growth by offering grants to eligible entities engaged in export market development activities. One legislative instrument under this Act, F2009B00019, specifies that a person may be a member of up to three approved joint ventures and consortia, a limitation established to ensure focused and effective utilisation of resources and to maintain the integrity of the export market development programs. This legislative instrument was signed by Tim Fischer, the Minister for Trade, on 4 July 1996.

Scope and Application

The Export Market Development Grants Act 1974 applies to entities seeking funding to develop export markets, with the legislative instrument F2009B00019 focusing on the approved joint ventures and consortia that can participate in the grant scheme. This Act is of Commonwealth jurisdiction and applies to businesses and entities engaged in export activities within Australia. The legislation limits the number of approved joint ventures and consortia of which a person or entity can be a member to a maximum of three, as determined by the Minister for Trade under subsection 40BH(1) of the Act. This limitation ensures that the grant scheme remains focused and manageable, preventing any single entity from having excessive influence within the scheme. The Act's scope is further extended and clarified through subordinate instruments, which detail the specific criteria and procedures for approval of joint ventures and consortia.

Key Provisions

The Export Market Development Grants Act 1974, as amended by the legislative instrument F2009B00019, includes specific provisions governing the number of approved joint ventures and consortia a person may be a member of. According to section 40BH(1), a person cannot be a member of more than three approved joint ventures or consortia simultaneously (section 40BH(1)). This stipulation ensures that entities can focus on managing and effectively participating in a limited number of collaborative ventures without becoming over-extended. Entities governed by the Export Market Development Grants Act 1974 must adhere to the requirements outlined in section 40BH(1). This includes keeping accurate records and ensuring compliance with the maximum membership limit of three approved joint ventures or consortia. Entities must also report any changes in their membership status to the relevant authorities promptly. Such obligations are intended to maintain transparency and accountability in the participation of entities within collaborative frameworks designed to foster export market development. Failure to comply with the provisions of section 40BH(1) may result in various consequences. While the specific offences and penalties are not detailed in the legislative instrument, breaches of legislative requirements typically attract civil or criminal penalties under the general provisions of the Export Market Development Grants Act 1974. Penalties can include fines, legal action, or other sanctions deemed appropriate by the court. The exact nature and severity of the penalties would depend on the specific circumstances of the breach and the discretion of the court.