EXPLANATORY STATEMENT
Export Market Development Grants (Approved Joint Ventures) Guidelines 2018
Authority
The Export Market Development Grants (Approved Joint Ventures) 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 the 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:
(a) the approval of a group of persons as a joint venture; and
(b) the variation and cancellation of those approvals
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 an applicant has been approved as an Approved Joint Venture. The joint venture provisions of the EMDG Act encourage small to medium sized business to collaborate to pursue specific export activities, projects or purposes. Approval enables the group, which would normally be ineligible, to access the EMDG scheme. Approval of Approved Joint Venture status is granted for five years. Further terms of approval may be applied for, but Approved Joint Ventures are entitled to receive a maximum of five grants.
Decisions in relation to the approval of Approved Joint Ventures are subject to review in the Administrative Appeals Tribunal.
Commencement
The guideline is made to repeal and replace the Export Market Development Grants Act 1997 – Determination (1/1997 AJV)-Guidelines for the approval, variation of approval, and cancellation of approved joint ventures which is due to sunset on 1 April 2019.
The Guideline is the same in substance as the Export Market Development Grants Act 1997 – Determination (1/1997 AJV)-Guidelines for the approval, variation of approval, and cancellation of approved joint ventures
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 Joint Ventures) 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 for the exercise of his or her powers under Division 1 of Part 8 of the EMDG Act relating to:
(c) the approval of a group of persons as a joint venture; and
(d) the variation and cancellation of those approvals
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.