EXPORT MARKET DEVELOPMENT GRANTS ACT 1997
Export Market Development Grants (Approved Body) Guidelines 2008
Explanatory Statement
Guidelines to be complied with by Austrade in determining, for the purposes of section 89 of the Export Market Development Grants Act, whether applicants applying for approved body status should be approved.
The Export Market Development Grants Act 1997 (EMDG Act) provides for grants to specified Australian businesses which have incurred specified 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.
Among other amendments, the Export Market Development Grants Amendment Act 2008 amended the Export Market Development Grants (EMDG) scheme rules, set out at paragraph 88(1)(c) of the EMDG Act, for defining the types of entities able to apply for approved body status under the EMDG Act.
Organisations which promote on behalf of their members but which are not required to be principal or the intended principal in export sales are able to apply for approved body status under the EMDG Act.
The Ministerial guidelines Guidelines for the approval, variation of approval and cancellation of approved bodies (1997 Approved Body Ministerial guidelines) were made on 1 July 1997 pursuant to paragraph 101(1)(c) of the EMDG Act. Under these guidelines, approved body status under the EMDG Act could only be given to peak industry bodies with some national focus.
The amended paragraph 88(1)(c)) of the EMDG Act now enables State/Territory or regional not-for-profit bodies representing an industry, industries or substantial parts of an industry, which promote Australian exporters, to apply to be approved bodies under the EMDG Act. These guidelines are made to give effect to this legislative amendment. The 1997 Approved Body Ministerial guidelines are repealed.
Some of the assessment rules formerly contained in the 1997 Approved Body Ministerial guidelines are included in the Export Market Development Grants Regulations 2008 that are made pursuant to subsection 89(1) of the EMDG Act.
These guidelines, made pursuant to paragraph 101(1)(c) of the EMDG Act, set out the factors that Austrade must now have regard to when assessing applications for approved body status under section 89 of the amended EMDG Act.
These guidelines commence on 1 July 2008 and apply to applications made for the 2008-09 and following grant years.
This legislative instrument is a machinery measure and does not substantially change the law. However, Austrade has consulted with the Department of Resources, Energy and Tourism in the course of its preparation. It has not consulted directly with industry because to do so would have provided undue commercial advantage to a limited number of individuals and organisations.
Austrade’s decisions under these guidelines are subject to review in the Administrative Appeals Tribunal.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.