Export Market Development Grants Amendment Act 2014

Administered by Department of Foreign Affairs and Trade

Legislation au C2014A00023 In force Act

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No. 23, 2014

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

Export Market Development Grants Act 1997

Export Market Development Grants Amendment Act 2014

No. 23, 2014

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

[Assented to 9 April 2014]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Export Market Development Grants Amendment Act 2014.

2 Commencement

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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

Export Market Development Grants Act 1997

1 Readers guide (including the list of terms defined in Part 9)

Repeal the guide.

2 Paragraphs 7(1)(c) and (4)(b)

Omit “7 or more”, substitute “8 or more”.

3 Paragraph 29(d)

Omit “$20,000”, substitute “$15,000”.

4 Subsection 63(1)

Omit “$5,000”, substitute “$2,500”.

5 Application of amendments

The amendments made by items 2 to 4 apply in relation to applications for grants in respect of the grant year that began on 1 July 2013, and later grant years.

6 After Division 2 of Part 7

Insert:

Division 2A—Fit and proper person test for export market development grants consultants

79A Fit and proper person test—excluded consultants

(1) The CEO of Austrade may, in accordance with the guidelines determined under paragraph 101(1)(bab), determine, in writing, that a person is an excluded consultant for the purposes of this Act if:

(a) the person is, or has been, an export market development grants consultant or an associate of an export market development grants consultant; and

(b) the CEO has formed the opinion, in accordance with the guidelines, that the person, or an associate of the person, is not a fit and proper person.

Note: For revocation of a determination that a person is an excluded consultant, see section 79E.

(2) The CEO of Austrade may, by written notice given to a person referred to in paragraph (1)(a), ask the person to:

(a) give the CEO specified information; or

(b) make available to the CEO specified books, records or documents; or

(c) give the CEO a written consent (whether of the person or of any associate of the person) to enable the CEO to obtain information;

for the purpose of deciding whether to make a determination under subsection (1) in respect of the person.

(3) Without limiting paragraph 101(1)(bab), the guidelines determined under that paragraph may provide for the CEO of Austrade to have regard to a person’s failure to comply with a request under subsection (2) of this section in deciding whether to make a determination under subsection (1) in respect of the person.

(4) In this section:

associate means a person who is determined to be an associate in accordance with the guidelines determined under paragraph 101(1)(bab).

79B Rejection of application prepared by, or with the help of, an excluded consultant

(1) The CEO of Austrade must reject an application for a grant if the CEO becomes aware, at any time before the CEO determines whether the applicant is entitled to the grant, that a person who prepared, or helped to prepare, the application:

(a) was, at the time when the application was made, an excluded consultant; or

(b) became an excluded consultant at any time during the period beginning when the application was made and ending immediately before the CEO determines whether the applicant is entitled to a grant.

(2) If the CEO of Austrade rejects an application under subsection (1), the application is taken, for the purposes of this Act (other than this Division), not to have been made.

79C The CEO of Austrade must notify applicant of rejection

If the CEO of Austrade rejects an application for a grant under section 79B, the CEO must, as soon as practicable, give the applicant a written notice:

(a) stating that the application has been rejected; and

(b) setting out the effect of section 79D.

79D When applicant may make fresh application

(1) If the CEO of Austrade rejects an application under section 79B, the applicant may make a fresh application under subsection 70(1).

(2) The fresh application must be made within:

(a) 90 days after the applicant receives the notice referred to in section 79C; or

(b) 5 months after the end of the grant year;

whichever is the later.

79E Excluded consultant may apply for revocation of determination

(1) An excluded consultant may apply, in writing, to the CEO of Austrade for the CEO to revoke the determination made under subsection 79A(1) in relation to the excluded consultant.

(2) The CEO of Austrade must revoke a determination made under subsection 79A(1) in relation to an excluded consultant if:

(a) the excluded consultant has made an application under subsection (1) of this section; and

(b) the CEO is satisfied that the circumstances that resulted in the determination being made no longer exist; and

(3) A determination made under subsection 79A(1) can only be revoked under this section.

7 Section 82

Omit all the words from and including “the grant becomes payable” to and including “the grant is determined”, substitute “the grant becomes payable on the day the amount of the grant is determined”.

8 After paragraph 97(1)(c)

Insert:

(caa) a decision under Division 2A of Part 7 (excluded consultants);

9 After paragraph 101(1)(baa)

Insert:

(bab) guidelines to be complied with by the CEO in making a decision for the purposes of subsection 79A(1) (which deals with excluded consultants); and

9A Section 105

Omit “The costs”, substitute “(1) The costs”.

9B At the end of section 105

Add:

(2) Paragraph (1)(b) does not apply in relation to the financial year that started on 1 July 2013. Despite paragraph (1)(a), to the extent that the costs of the administration of this Act for that financial year exceed 5% of the appropriation amount for that financial year, those costs are to be paid otherwise than out of that appropriation amount.

10 Subsection 107(1)

Insert:

excluded consultant: a person is an excluded consultant if a determination under subsection 79A(1) that the person is an excluded consultant is in force.

[Minister’s second reading speech made in—

House of Representatives on 6 March 2014

Senate on 24 March 2014]

(18/14)

Overview

The Export Market Development Grants Amendment Act 2014 was enacted by the Parliament of Australia to amend the Export Market Development Grants Act 1997. This amendment addresses issues related to the integrity and reliability of export market development grants consultants by introducing a fit and proper person test. The Act specifically targets consultants who may not be deemed suitable for handling grant applications, thereby ensuring that only qualified and trustworthy consultants are involved in the process. The policy objective is to maintain the integrity of the grant program by preventing ineligible consultants from participating in the grant application process. The Act makes several amendments to the 1997 Act, including changes to the threshold number of employees required for eligibility, the maximum amount for certain grants, and the minimum financial threshold for businesses. Additionally, the Act introduces provisions for the exclusion of consultants deemed unfit and establishes a process for the rejection of applications prepared by or with the assistance of excluded consultants. It also provides a mechanism for excluded consultants to apply for the revocation of their exclusion. The amendments apply to applications for grants in the grant year that began on 1 July 2013 and subsequent years.

Scope and Application

The Export Market Development Grants Amendment Act 2014 amends the Export Market Development Grants Act 1997 to introduce several changes to the administration and application process for export market development grants. The Act applies to persons and entities involved in applying for export market development grants, specifically targeting those who prepare or assist in preparing grant applications. The changes apply to applications for grants in respect of the grant year that began on 1 July 2013, and subsequent years. The Act introduces a "fit and proper person" test for consultants involved in preparing grant applications. It allows the CEO of Austrade to determine that a person is an excluded consultant if they are deemed not fit and proper, based on guidelines determined by the CEO. Applications prepared by, or with the help of, an excluded consultant must be rejected, and the applicant may resubmit a fresh application within a specified timeframe. The CEO must notify the applicant of the rejection and the consequences, and the excluded consultant has the right to apply for revocation of the determination if the circumstances have changed. The Act also includes changes to certain financial thresholds and administrative costs, and the amendments apply to the financial year starting on 1 July 2013. The scope of the Act is national, extending across Australia and affecting all entities and persons subject to the Export Market Development Grants Act 1997.

Key Provisions

The Export Market Development Grants Amendment Act 2014 amends the Export Market Development Grants Act 1997, introducing several changes to the administration and operation of export market development grants. The Act modifies the eligibility criteria for grants by changing the threshold for the number of employees from "7 or more" to "8 or more" (section 7(1)(c) and (4)(b)), reduces the maximum amount of grants from "$20,000" to "$15,000" (section 29(d)), and decreases the minimum amount of grants from "$5,000" to "$2,500" (subsection 63(1)). These amendments apply to applications for grants in respect of the grant year that began on 1 July 2013, and later grant years (section 5). The Act introduces a new Division 2A, which mandates a fit and proper person test for export market development grants consultants (section 79A). The CEO of Austrade can determine in writing that a person is an excluded consultant if they are, or have been, an export market development grants consultant or an associate, and if the CEO believes the person, or an associate, is not a fit and proper person (subsection 79A(1)). The CEO may request specified information, documents, or consent from the person to aid in this determination (subsection 79A(2)). An application for a grant must be rejected if it was prepared by, or with the help of, an excluded consultant (section 79B). The applicant must be notified of the rejection and may make a fresh application within 90 days of receiving the notice or five months after the end of the grant year, whichever is later (sections 79B and 79D). The Act also provides a mechanism for excluded consultants to apply for the revocation of their exclusion (section 79E). The CEO must revoke the determination if the consultant applies for revocation, and the CEO is satisfied that the circumstances leading to the determination no longer exist and there are no other reasons for the determination to remain in force (subsection 79E(2)). Furthermore, the Act specifies that the grant becomes payable on the day the amount of the grant is determined (section 82) and mandates that decisions regarding excluded consultants be included in the annual report (subsection 97(1)(caa)). It also directs the CEO to develop guidelines for making decisions about excluded consultants (subsection 101(1)(bab)). Offences and penalties are not explicitly detailed in the provided text; however, the rejection of an application prepared by an excluded consultant under section 79B, and the requirement for the applicant to be notified under section 79C, are integral to ensuring compliance with the Act. Failure to adhere to these provisions could result in the rejection of an application, which might have legal and financial repercussions for the applicant.

Area of Law: Commercial Law
Instrument: Act
Concepts: Commencement Provisions; Repeal & Amendment; Reporting & Disclosure Obligations; Prohibited Conduct

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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.

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