EXPLANATORY STATEMENT
Export Market Development Grants (Australian Net Benefit Requirements) Determination 2018
Authority
The Export Market Development Grants (Australian Net Benefit Requirements) Determination 2018 is made by the Minister for Trade, Tourism and Investment under section 10 of the Export Market Development Grants Act 1997 (the EMDG Act).
Purpose
This Legislative Instrument details requirements to be complied with by the CEO of Austrade in determining whether applicants meet the Australian net benefit requirements.
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) a performance measure for applicants, other than Approved Bodies, that have already received two grants. These applicants must make a choice between two options (A & B) under section 70 of the EMDG Act. Applicants selecting option B must meet the Australian net benefit requirements. The CEO of Austrade must decide whether the requirements have been met.
Applicants selecting grants option B must also provide specified information and documents to Austrade at the time of applying for a grant. The types of information and documents required to be provided are contained in a separate legislative instrument Export Market Development Grants (Information and Document Requirements) Determination 2018.
Decisions in relation to whether a person meets the Australian net benefit requirements are subject to review in the Administrative Appeals Tribunal.
Commencement
The Export Market Development Grants (Australian Net Benefit Requirements) Determination 2018 is made to repeal and replace the Export Market Development Grants (Australian Net Benefit Requirements) Determination 2008 which is due to sunset on 1 October 2018.
The Guideline is the same in substance as the Export Market Development Grants (Australian Net Benefit Requirements) Determination 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 (Australian Net Benefit Requirements) Determination 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 requirements to be complied with by the CEO of Austrade in determining whether applicants meet the Australian net benefit requirements.
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.