EXPLANATORY STATEMENT
Export Market Development Grants (Approved Bodies) Guidelines 2018
Authority
The Export Market Development Grants (Approved Bodies) Guidelines 2018 is made by the Minister for Trade, Tourism and Investment under paragraph 101(1)(c) of the Export Market Development Grants Act 1997 (the EMDG Act).
Purpose
This Legislative Instrument details guidelines for the exercise by the CEO of Austrade of his or her powers under Division 1 of Part 8 of the EMDG Act relating to the approval of an applicant as an Approved Body.
Background
The EMDG Act provides for grants to eligible Australian businesses which have incurred eligible expenses promoting the export of their Australian goods, services, intellectual property rights and know-how. The grant is a partial reimbursement of the expenses incurred.
Entitlement to a grant depends on (among other things) whether export focused industry organisations which, while not exporting themselves, undertake export promotion on behalf of their particular industry membership, are approved as Approved Bodies under the EMDG Act.
Approval is granted for five years, and further terms of approval may be applied for.
Decisions in relation to the approval of an approved body are subject to review in the Administrative Appeals Tribunal.
Commencement
The guideline is made to repeal and replace the Export Market Development Grants (Approved Body) Guidelines 2008 which is due to sunset on 1 October 2018.
The Guideline is the same in substance as the Export Market Development Grants (Approved Body) Guidelines 2008.
The Guidelines apply when calculating entitlement to a grant in respect of an application for a grant made on or after 1 July 2018.
Consultation
Austrade conducted extensive stakeholder consultations before remaking this instrument. All stakeholder responses supported this instrument being remade unchanged.
Regulation Impact Statement
The Office of Best Practice Regulation has advised that a Regulation Impact Statement is not required (reference: OBPR ID 22807).
This Guideline is a Legislative Instrument for the purposes of the Legislation Act 2003.
This Guideline is compatible with human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment A.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Export Market Development Grants (Approved Bodies) Guidelines 2018
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2001.
Overview of the Legislative Instrument
The Legislative Instrument provides guidelines for the Chief Executive Officer of Austrade to use in determining whether to approve an applicant as an Approved Body under Division 1 of Part 8 of the EMDG Act.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.