Export Market Development Grants Amendment Act 1990

Overview

The Export Market Development Grants Amendment Act 1990, enacted on 24 May 1990, was introduced by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia to amend the Export Market Development Grants Act 1974. This amendment act specifically addresses the issue of providing grants for the export of films, particularly those that are classified as 'X' films, refused classification, or would be so classified under the guidelines for the classification of films. The policy objective was to ensure that grants would not be payable to persons for expenditures incurred in exporting such films, thereby aligning the grant provisions with the standards of film classification set by the Film Censorship Board. This legislative change aimed to maintain the integrity and appropriateness of the grants system by excluding certain films from eligibility based on their classification.

Scope and Application

The Export Market Development Grants Amendment Act 1990 amends the Export Market Development Grants Act 1974 to exclude certain films from eligibility for grants. The Act applies to individuals and entities seeking grants for export activities, with a specific focus on films that are classified or would be classified as ‘X’ films, or those that have been refused classification under the guidelines set by the Film Censorship Board. This exclusion is applicable to the period commencing on 1 July 1990 and ending on 31 December 1990. The scope of the Act is limited to Commonwealth jurisdiction, and it does not specify any particular industries or transactions outside the context of film exports. The Act itself does not detail subordinate instruments for extending or restricting its application, but such instruments could be introduced to further define eligibility or modify the specified exclusions.

Key Provisions

The Export Market Development Grants Amendment Act 1990 (Act) amends the Export Market Development Grants Act 1974 (Principal Act) in several key areas. Firstly, Section 1 amends the definition of "grant year" in the Principal Act to include the period from 1 July 1990 to 31 December 1990. This expansion of the grant year timeframe allows for additional flexibility in applying for grants within this specified period (Section 3). The Act further outlines specific eligibility criteria for grant recipients. Under Section 14 of the Principal Act, grants are not payable to a person for expenditure incurred in the export of films classified as 'X' or those that would be classified as 'X' under film classification guidelines. Similarly, grants are not payable for films refused classification or those that would be refused classification under these guidelines (Section 14(5)). A 'film' is defined broadly to include cinematographic films, slides, video tapes, video discs, or any other form of recording from which a visual image can be produced. Classification references pertain to those made by the Film Censorship Board (Section 14(6)). In terms of obligations and requirements, the Act imposes clear restrictions on who can receive grants for the export of certain films. Specifically, entities or individuals seeking grants for the export of 'X' classified or unclassified films that would fall under this category, as well as those refused classification or likely to be refused, are ineligible for these grants. This stipulation ensures that only certain types of films are supported through the grant program, aligning with broader regulatory and classification standards. Failure to adhere to these provisions could result in civil or criminal consequences. While the Act does not explicitly state penalties for non-compliance, breaches of grant eligibility criteria could lead to the recovery of improperly awarded grants, fines, or other administrative actions under the Principal Act or related legislation. The maximum penalties for such breaches would typically be determined based on the specific nature of the violation and the relevant laws in place at the time of the breach.