Export Market Development Grants Amendment Act 2010

Administered by Department of Foreign Affairs and Trade

Legislation au C2010A00086 In force Act

Legislation content

 

 

 

 

 

 

Export Market Development Grants Amendment Act 2010

 

No. 86, 2010

 

 

 

 

 

An Act to amend the Export Market Development Grants Act 1997, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments

Part 1—Main amendments

Export Market Development Grants Act 1997

Part 2—Other amendments

Export Market Development Grants Act 1997

 

 

 

Export Market Development Grants Amendment Act 2010

No. 86, 2010

 

 

 

An Act to amend the Export Market Development Grants Act 1997, and for related purposes

[Assented to 29 June 2010]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Export Market Development Grants Amendment Act 2010.

2  Commencement

  This Act commences on the day after this Act receives the Royal Assent.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendments

Part 1—Main amendments

Export Market Development Grants Act 1997

1  Paragraph 6(1)(f)

Repeal the paragraph.

2  Subsection 7(1)

Omit “, an approved trading house”.

Note: The heading to subsection 7(1) is altered by omitting “, approved trading house”.

3  Paragraph 7(1)(c)

Omit “8”, substitute “7”.

4  Subsection 7(3)

Repeal the subsection.

5  Paragraph 7(4)(b)

Omit “8”, substitute “7”.

6  Paragraphs 9(1)(b) and (2)(b)

Omit “neither an approved body nor an approved trading house”, substitute “not an approved body”.

7  Subsection 18(1)

Omit “, approved joint venture or approved trading house”, substitute “or approved joint venture”.

8  Paragraph 29(b)

Omit “an approved trading house or”.

9  Paragraph 29(b)

Omit “of the trading house or of the joint venture (as the case may be)”, substitute “of the joint venture”.

10  Paragraph 29(d)

Omit “$10,000”, substitute “$20,000”.

11  Subsection 33(2) (cell at table item 8, column 3)

At the end of the cell, add:

, up to a limit of:

(a) if the applicant is a grantee in respect of any previous grant year—$50,000 for the grant year; or

(b) if the applicant is not a grantee in respect of any previous grant year—$50,000 for the grant year and the immediately preceding year

12  Paragraphs 37(1)(d) and (da)

Omit “or an approved trading house”.

13  Paragraph 37(1)(f)

Omit “or approved trading house”.

14  Subsection 38(2)

Omit “or approved trading house”.

15  Section 40 (table items 11 and 12)

Repeal the items.

16  Sections 51 and 52

Repeal the sections.

17  Paragraph 53(1)(b)

Omit “$30,000,000”, substitute “$50,000,000”.

18  Subsection 63(1)

Omit “(2A),”.

19  Subsection 63(2A)

Repeal the subsection.

20  Paragraph 63(3)(a)

Omit “neither an approved body nor an approved trading house”, substitute “not an approved body”.

21  Paragraph 63(3)(e)

Omit “, (2) or (2A)”, substitute “or (2)”.

22  Subsection 63(4)

Repeal the subsection, substitute:

 (4) An applicant’s provisional grant amount for a grant year may not exceed $150,000.

23  Subsection 65(1)

Omit “other than an approved trading house”.

24  Paragraphs 70(2A)(a), (2B)(a) and (2C)(a)

Omit “neither an approved body nor an approved trading house”, substitute “not an approved body”.

25  Division 1 of Part 8 (heading)

Repeal the heading, substitute:

Division 1—Approved bodies and approved joint ventures

26  Subsection 88(3)

Repeal the subsection.

27  Subsection 89(5) (not including the note)

Repeal the subsection.

28  Subsection 91(1)

Omit “as a trading house or”.

29  Paragraphs 97(1)(e) and (h)

Repeal the paragraphs.

30  Subparagraph 101(1)(c)(i)

Omit “as a trading house or”.

31  Paragraph 106(2)(a)

Omit “, approved trading houses”.

32  Subsections 106A(1) and (3)

Omit “2010”, substitute “2015”.

33  Subsection 107(1) (definition of approved trading house)

Repeal the definition.

34  Subsection 107(1) (paragraph (a) of the definition of grant year)

Omit “2011”, substitute “2016”.

35  Application

The amendments made by items 1 to 24 apply in relation to working out entitlements to grants under the Export Market Development Grants Act 1997 in respect of a grant year commencing on or after 1 July 2010.


Part 2—Other amendments

Export Market Development Grants Act 1997

36  Subsection 16(2) (paragraph (e) of the definition of relevant offence)

Omit “or 136.1”, substitute “, 136.1, 137.1 or 137.2”.

37  Paragraph 70(2)(b)

Repeal the paragraph, substitute:

 (b) be made within:

 (i) 5 months after the end of the grant year; or

 (ii) if the circumstances specified in an instrument under subsection (4) exist in relation to the application—such greater number of months after the end of the grant year as is specified in the instrument.

38  At the end of section 70

Add:

 (4) The CEO of Austrade may, by legislative instrument, specify circumstances, and a number of months, for the purposes of subparagraph (2)(b)(ii).

39  Paragraph 78(1)(e)

Omit “or 136.1”, substitute “, 136.1, 137.1 or 137.2”.

40  At the end of subsection 97(1)

Add:

 ; (k) a decision under that scheme to impose conditions on the accreditation of an export market development grants consultant or to vary those conditions.

41  After paragraph 100(2)(a)

Insert:

 (aa) imposing conditions on the accreditation of export market development grants consultants or varying or removing those conditions; and

42  Paragraph 103(1)(a)

Omit “or 136.1”, substitute “, 136.1, 137.1 or 137.2”.

43  Application

(1) The amendment made by item 36 applies in relation to working out eligibility for grants under the Export Market Development Grants Act 1997 in respect of a grant year commencing on or after 1 July 2010, regardless of whether the conviction of the offence against section 137.1 or 137.2 of the Criminal Code occurred before, on or after the commencement of that item.

(2) The amendment made by item 37 applies in relation to applications made on or after the commencement of that item.

(3) The amendment made by item 39 applies in relation to the preparation of applications for grants under the Export Market Development Grants Act 1997 in respect of a grant year commencing on or after 1 July 2010, regardless of whether the conviction of the offence against section 137.1 or 137.2 of the Criminal Code occurred before, on or after the commencement of that item.

(4) The amendment made by item 42 applies in relation to grants or advances paid on or after the commencement of that item, regardless of whether the conviction of the offence against section 137.1 or 137.2 of the Criminal Code occurred before, on or after that commencement.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 26 May 2010

Senate on 17 June 2010]

(98/10)

 

Overview

The Export Market Development Grants Amendment Act 2010 (C2010A00086) was enacted by the Parliament of Australia to amend the Export Market Development Grants Act 1997. The Act was introduced to address the need for updating the existing legislative framework to better support and promote Australian exports. It aims to streamline and modernise the export market development grants scheme by removing outdated references to approved trading houses and making several modifications to the grant eligibility criteria, amounts, and application processes. The overarching policy objective is to enhance the efficiency and effectiveness of the export market development grants program, thereby supporting the growth of Australian businesses in international markets. The Act received Royal Assent on 29 June 2010 and commenced on the following day.

Scope and Application

The Export Market Development Grants Amendment Act 2010 amends the Export Market Development Grants Act 1997, impacting eligibility and application processes for export market development grants. The amendments apply to grant years commencing on or after 1 July 2010, affecting entities and individuals seeking support for export market development activities. This Act revokes provisions related to approved trading houses, simplifies the application process, and updates certain financial thresholds and limits. For instance, the maximum provisional grant amount for a grant year is capped at $150,000, and the annual limit for grantees has been increased to $50,000. The Act also introduces new offences related to the accreditation of export market development grants consultants. Notably, the amendments are retrospective in certain aspects, such as eligibility for grants based on convictions under specific sections of the Criminal Code. The Act's reach is national, as it amends a Commonwealth Act, thereby applying across Australia. The Act does not specify exclusions or exemptions but allows for further regulation through subordinate instruments, such as legislative instruments specifying circumstances for grant application deadlines.

Key Provisions

The Export Market Development Grants Amendment Act 2010 makes several amendments to the Export Market Development Grants Act 1997. Key amendments include the removal of references to "approved trading houses" throughout the Act, and the replacement of certain dollar amounts and time frames to reflect current conditions. For instance, the maximum amount of an applicant’s provisional grant for a grant year is set at $150,000 (section 63(4)), and the maximum amount of a grant for an applicant who has been a grantee in the previous grant year is now $50,000 (subsection 33(2)). Additionally, the Act introduces new provisions regarding the CEO of Austrade’s ability to specify circumstances for late applications (subsection 70(4)). The Act imposes specific obligations on parties applying for or receiving export market development grants, including the requirement to adhere to the updated financial limits and application timelines. It also mandates that applicants must not be an approved body as per the new provisions (subsection 63(3)(a)). The Act further refines the eligibility criteria for grants, removing the concept of "approved trading houses" and updating the definitions and references accordingly. Breaches of the provisions in the Export Market Development Grants Act 1997, as amended by this Act, could lead to various civil or criminal consequences depending on the nature and severity of the offence. For example, incorrect applications or misrepresentations in grant applications could be considered fraudulent activities, potentially leading to fines or imprisonment under the Criminal Code Act 1995. Specific penalties are not detailed in the Amendment Act but would be governed by the existing legislative framework and the severity of the breach. Entities that fail to comply with the updated grant criteria or application deadlines might face financial penalties or be deemed ineligible for grants. The Act does not explicitly state maximum penalties for these breaches, but they would be subject to the general provisions of the Export Market Development Grants Act 1997 and relevant criminal and civil laws.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.