Export Market Development Grants Act 1997
No. 57, 1997
Compilation No. 25
Compilation date: 14 October 2024
Includes amendments: Act No. 38, 2024
About this compilation
This compilation
This is a compilation of the Export Market Development Grants Act 1997 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Object of Act
4 Simplified outline of this Act
5 Definitions
Part 2—Grants
Division 1—Simplified outline of this Part
6 Simplified outline of this Part
Division 2—Grants
7 Invitation to apply for grant
8 Application for grant
9 Grant agreement
10 Terms and conditions of grant
11 Payment of grant
12 CEO of Austrade has powers etc. of the Commonwealth
13 Conferral of powers on CEO of Austrade
14 Executive power of the Commonwealth
Division 3—Eligibility for grant
15 Eligible kinds of persons
16 Eligibility conditions
Division 4—Eligible products
17 Eligible products
Division 5—Eligible expenses
18 Eligible expenses
19 Excluded—expenses covered by other financial assistance schemes
20 Excluded—expenses in respect of products the sale or export of which would contravene Australian law
Division 6—Amount of grant
21 Amount of grant
Division 7—Review of decisions
97 Reviewable decisions
98 Reconsideration of reviewable decisions
99 ART review of decisions of CEO of Austrade
Part 3—Information gathering powers
100 Simplified outline of this Part
101 CEO of Austrade may require applicants to give the CEO information or documents
102 CEO of Austrade may require grantees to give the CEO information or documents, or statements
103 Part does not limit other powers
Part 4—Miscellaneous
104 Simplified…
Overview
The Export Market Development Grants Act 1997 was enacted by the Commonwealth Parliament to address the gap in financial support for Australian small and medium enterprises seeking to develop and expand foreign markets for their products. The Act aims to bring benefits to Australia by providing targeted financial assistance for promotional activities and the development of marketing skills. The Chief Executive Officer (CEO) of Austrade is authorised to make grants to eligible persons to cover their expenses related to eligible products. To be eligible for a grant, a person must be Australian and, in most cases, be ready to export or already exporting products of substantially Australian origin, and meet any other conditions specified in rules made by the Minister. The CEO has the authority to require applicants and grantees to provide information or documents, and failure to comply may result in the application not being dealt with or a grant not being paid. The CEO can also institute actions or proceedings on behalf of the Commonwealth concerning grants. The Act includes provisions for the review of certain decisions and mandates regular independent reviews of the assistance scheme.
Scope and Application
The Export Market Development Grants Act 1997 applies to Australian individuals and entities that are ready to export, or are already exporting, products of substantially Australian origin. These entities include individuals, bodies incorporated under the Corporations Act 2001, associations or cooperatives incorporated under Australian law, Australian partnerships and trusts, and bodies corporate established for a public purpose by or under an Australian law. The Act facilitates the grant of financial assistance to eligible entities to fund promotional activities and the development of marketing skills for eligible products in foreign markets. The Act's jurisdiction is national, operating under the Commonwealth of Australia. The Act does not apply to expenses covered by other financial assistance schemes or to products whose sale or export would contravene Australian law. The Act is administered by the CEO of Austrade, who has the powers and responsibilities of the Commonwealth in relation to grants. The Act also allows for the making of rules to prescribe matters required or permitted by the Act, necessary or convenient to be prescribed for carrying out or giving effect to the Act, though these rules cannot create an offence, provide powers of arrest or detention, impose a tax, or directly amend the text of the Act. Additionally, the Act mandates regular independent reviews of the assistance scheme it provides.
Key Provisions
- The Export Market Development Grants Act 1997 (Cth) provides financial assistance to Australian small and medium enterprises and their representative organisations, to encourage the creation, development and expansion of foreign markets for Australian products. The CEO of Austrade may invite applications for grants to meet eligible expenses in relation to eligible products. If an applicant is eligible and meets all the conditions, the CEO may enter into a grant agreement with the person. A grantee must spend the grant money, as well as at least a matching amount of their own money, on eligible expenses in relation to eligible products. The rules specify the kinds of expenses that grants are to be used for, and the amount of a grant to be made to a grantee. Certain decisions of the CEO are reviewable by the Administrative Review Tribunal.
- The Act imposes obligations and requirements on the parties it governs. Eligible persons must be Australian, and (in most cases) be ready to export, or already exporting, products of substantially Australian origin. The person must also meet any other conditions specified in rules made by the Minister. A grantee must comply with the Act and the rules, and with the terms and conditions of the grant agreement. The CEO of Austrade may require applicants and grantees to provide the CEO with information or documents, or statements. Failure to comply with these requirements may result in an application not being dealt with, or a grant or instalment not being paid.
- The Act provides for offences, penalties, or civil/criminal consequences for breach. The provision of false or misleading information may be an offence against Chapter 7 of the Criminal Code (the proper administration of Government). An offender is liable to a penalty of imprisonment for 2 years, a fine of 120 penalty units, or both.
- Area of Law
- Commercial Law
- International Trade Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Eligibility conditions
- Reporting & Disclosure Obligations
- Regulatory Standards
- Review & Sunset Clauses