Export Market Development Grants (Approved Joint Ventures) Guidelines 2018

Overview

The Export Market Development Grants (Approved Joint Ventures) Guidelines 2018, enacted by the Minister for Trade, Tourism and Investment, outlines the framework for the approval, variation, and cancellation of joint ventures under the Export Market Development Grants Act 1997. The primary objective of these guidelines is to facilitate the collaboration of small to medium-sized businesses in pursuing specific export activities and projects, thereby enhancing their eligibility for export market development grants. By approving joint ventures, the guidelines enable groups that would otherwise be ineligible to access the grant scheme, with the approval being valid for up to five years and limited to a maximum of five grants. The decision-making process for these approvals is subject to review by the Administrative Appeals Tribunal, ensuring accountability and fairness. This legislative instrument aims to streamline and clarify the process for businesses seeking to leverage joint ventures to promote their exports, ultimately supporting Australia's trade objectives.

Scope and Application

The Export Market Development Grants (Approved Joint Ventures) Guidelines 2018 apply to groups of persons seeking approval from Austrade to be recognised as Approved Joint Ventures under the Export Market Development Grants Act 1997. This approval is necessary for such groups to be eligible for grants intended to reimburse eligible expenses incurred in promoting the export of Australian goods, services, intellectual property rights, and know-how. The guidelines specify the conditions under which these groups can receive approval, which is valid for five years, and can be subject to variation or cancellation by Austrade. These provisions are designed to encourage collaboration among small to medium-sized businesses to pursue specific export activities. The guidelines apply to any grant application made on or after 1 July 2018. The legislative framework and its implementation extend across the Commonwealth of Australia, ensuring a consistent approach to the approval of joint ventures across all states and territories. The guidelines do not contain specific exclusions, exemptions, or thresholds, but rather provide a framework for the assessment of applications based on the criteria outlined in the EMDG Act. Decisions regarding approval, variation, or cancellation of joint ventures can be reviewed by the Administrative Appeals Tribunal, providing a mechanism for appeal in case of disputes.

Key Provisions

The Export Market Development Grants (Approved Joint Ventures) Guidelines 2018 (sections 1–6) outline the framework for the approval, variation, and cancellation of joint ventures under the Export Market Development Grants Act 1997 (EMDG Act). These guidelines empower the Chief Executive Officer of Austrade to approve a group of persons as an Approved Joint Venture (section 3) and to vary or cancel such approvals (section 4). The approval process is designed to facilitate collaboration among small to medium-sized businesses to promote the export of Australian goods, services, intellectual property rights, and know-how. Approvals are granted for a period of five years and may be extended under certain conditions, with a maximum of five grants being available to any single Approved Joint Venture (section 5). The Act imposes several obligations on the parties involved. Firstly, the joint venture must meet specific eligibility criteria to qualify for approval. This includes demonstrating that the venture will pursue specific export activities or projects and that the collaboration will benefit the Australian export market (section 2). Secondly, the parties must ensure that all expenses incurred in promoting exports are eligible and properly documented to qualify for a grant (section 3). Finally, the parties are required to comply with any conditions imposed by Austrade as part of the approval process, such as reporting requirements and financial audits (section 5). Failure to comply with the provisions of the EMDG Act and the accompanying guidelines can lead to significant consequences. For instance, any misrepresentation or omission of material facts during the application process can result in the cancellation of approval (section 4). Additionally, any misuse of grant funds can lead to the recovery of those funds by Austrade (section 5). While the guidelines themselves do not specify criminal or civil penalties, breaches of the EMDG Act may result in penalties as stipulated elsewhere in the Act. For example, knowingly providing false or misleading information could lead to criminal charges, with penalties including fines and imprisonment (EMDG Act, section 12). In civil terms, any financial loss caused by non-compliance could also be subject to restitution.