EXPLANATORY STATEMENT
Export Market Development Grants (Close Relationships – Events Promoters) Amendment Instrument 2016 (No. 1).
Authority
The Export Market Development Grants (Close Relationships – Events Promoters) Amendment Instrument 2016 (No. 1) is made by the Minister for Trade and Investment under paragraph 101(1)(b) of the Export Market Development Grants Act 1997 (the EMDG Act).
Purpose
This Legislative Instrument amends the Export Market Development Grants (Close Relationships – Event Promoters) Determination 2015 to update a reference to a determination which has been remade.
The Determination provides guidelines to be complied with by the Chief Executive Officer (CEO) of Austrade in forming, for the purposes of 25A(1)(c) of the EMDG Act, an opinion as to whether an events promoter is, or is not, closely related to an event holder.
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 the person has incurred eligible expenses in relation to 'eligible products' (section 4 of the EMDG Act). 'Eligible products' includes 'eligible events' (section 107 of the EMDG Act). Under section 25A of the EMDG Act, an event is an 'eligible event' if it meets certain requirements, including that the events promoter is not, in the opinion of the CEO of Austrade, closely related to the event holder.
With the exception of the change to a reference to the Export Market Development Grants (Close Relationships – General) Determination 2016, the Determination is the same in substance as the previous Determination.
Consultation
No consultation was undertaken in relation to this amendment, as it only updates a reference to the Export Market Development Grants (Close Relationships – General) Determination 2016. However, consultation was undertaken on the Close Relationship – General Determination.
Regulation Impact Statement
The Office of Best Practice Regulation has advised that a Regulation Impact Statement is not required (reference OBPR 20848).
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Export Market Development Grants (Close Relationships – Events Promoters) Amendment Instrument 2016 (No. 1).
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 forming, for the purposes of 25A(1)(c) of the EMDG Act, an opinion as to whether an events promoter is, or is not, closely related to an event holder.
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.