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.
Overview
The Export Market Development Grants (Approved Bodies) Guidelines 2018 was made by the Minister for Trade, Tourism and Investment under the Export Market Development Grants Act 1997 (EMDG Act). This legislation aims to provide grants to eligible Australian businesses that incur expenses promoting the export of Australian goods, services, intellectual property rights, and know-how. A critical aspect of this process is the approval of export-focused industry organisations as Approved Bodies, which must be renewed every five years. These guidelines ensure that the Chief Executive Officer of Austrade follows a consistent and transparent process when considering the approval of applicants as Approved Bodies, thereby facilitating a structured approach to grant eligibility. The guidelines are designed to streamline the application process while maintaining compliance with human rights, as confirmed by the Statement of Compatibility with Human Rights.
Scope and Application
The Export Market Development Grants (Approved Bodies) Guidelines 2018 applies to entities seeking approval as Approved Bodies under the Export Market Development Grants Act 1997, specifically those non-exporting industry organisations that promote exports on behalf of their membership. These guidelines govern the process by which the CEO of Austrade assesses and approves these bodies, ensuring they meet the criteria to be eligible for grants to reimburse expenses incurred in promoting Australian exports. The scope of the guidelines extends nationally, as they pertain to the Commonwealth and are designed to facilitate export promotion activities across all states and territories of Australia. The guidelines do not specify exclusions or exemptions but are integral to the application process for grant eligibility, which includes a review mechanism via the Administrative Appeals Tribunal. The guidelines apply to grant applications submitted on or after 1 July 2018, providing a framework for the assessment and approval of Approved Bodies in alignment with the objectives of the EMDG Act.
Key Provisions
The Export Market Development Grants (Approved Bodies) Guidelines 2018 (sections 1–7) provide a framework for the Chief Executive Officer of Austrade to determine whether an applicant should be approved as an Approved Body under the Export Market Development Grants Act 1997 (EMDG Act). These guidelines outline the criteria and considerations for approving export-focused industry organisations that promote exports on behalf of their members. They serve as a tool for Austrade in exercising their powers under Division 1 of Part 8 of the EMDG Act, ensuring that only suitable organisations are approved to participate in the grant program. This approval process is crucial as it determines the eligibility of businesses for grants that reimburse them for expenses incurred in promoting their exports.
The guidelines impose several obligations on the parties involved. For applicants, the key obligation is to meet the criteria set out in the guidelines to be considered for approval as an Approved Body. This includes demonstrating that the organisation is export-focused, represents a particular industry, and undertakes export promotion activities on behalf of its members. Austrade, on the other hand, is obligated to rigorously assess each application against these criteria, ensuring that only organisations that meet the required standards are approved. Additionally, once an organisation is approved, it must comply with any further terms and conditions set by Austrade, such as reporting requirements or specific performance benchmarks.
Failure to comply with the provisions of the EMDG Act or the guidelines can result in various consequences. For organisations, not meeting the approval criteria can lead to their application being rejected, thereby denying them eligibility for grants. Approved Bodies that fail to adhere to the terms of their approval may face sanctions, including the potential revocation of their approval status. This could severely limit their ability to access grants and participate in the export promotion activities that the EMDG Act aims to support. Furthermore, breaches of the guidelines or the Act could lead to legal action, where civil or criminal penalties may be imposed. While the specific penalties are not detailed in the guidelines, they can include fines and other legal repercussions depending on the nature and severity of the breach.