Export Market Development Grants Determination of the Payout Factor for Grant Year 2011-12

Overview

The Export Market Development Grants Act 1997 was enacted by the Parliament of Australia to facilitate and support Australian businesses in developing new and expanding existing export markets. This legislation was introduced to address the need for financial assistance and incentives for businesses to engage in export activities, thereby enhancing Australia's economic growth and international trade presence. The policy objective of the Act is to provide grants to eligible businesses for market development activities overseas, with the aim of increasing Australia's trade and investment opportunities and supporting job creation. The 1997 Act empowers the General Manager Programs, Consular & Business Services, Australian Trade Commission to determine the payout factor for each grant year, ensuring that the grants provided are aligned with the economic conditions and the specific needs of the export market development sector.

Scope and Application

The Export Market Development Grants Act 1997 is an Australian Commonwealth Act that applies to entities seeking to access Export Market Development Grants (EMDG) to assist in the development of new or expanded markets for Australian goods or services. The Act provides a framework for the administration of grants aimed at supporting Australian businesses in enhancing their export activities. The determination of the payout factor for a specific grant year, such as 2011-12, is a mechanism established under section 69 of the Act, and is exercised by an authorised officer, in this instance, Ian D Chesterfield, General Manager Programs, Consular & Business Services, Australian Trade Commission. The Act extends its jurisdictional reach across Australia and applies to any entity eligible for EMDGs, which typically includes Australian businesses that are seeking to enter or expand in overseas markets. The Act does not specify exclusions or thresholds within the determination itself, but eligibility and other conditions are likely prescribed in subordinate instruments or guidelines issued under the authority of the Act. This determination ensures that the payout factor, which is crucial for calculating the actual grant amount disbursed to eligible entities, is set at one point zero zero (1.00) for the specified financial year, thereby stabilising the financial expectations of applicants during that period.

Key Provisions

The Export Market Development Grants Act 1997, in its current form as outlined in the 2013 Gazette (C2013G01005), designates specific sections to detail the determination of the payout factor for the grant year 2011-12. Section 69 of the Act allows the General Manager Programs, Consular & Business Services, Australian Trade Commission, to set this payout factor. As per the Gazette, Ian D Chesterfield, in his capacity as the General Manager, has determined that the payout factor for the grant year 2011-12 is one point zero zero (1.00) under the authority granted by section 69. The Act imposes certain obligations on the Australian Trade Commission and other entities involved in the administration and distribution of export market development grants. It mandates that the payout factor be determined annually and communicated to relevant stakeholders to ensure transparency and consistency in the grant distribution process. Additionally, the Act requires that the determination of the payout factor be made in accordance with the provisions set forth in section 69, ensuring that the process is fair and justifiable. Violations or non-compliance with the Act's provisions could lead to various consequences. While specific offences and penalties are not detailed in the Gazette, the Act generally provides for both civil and criminal penalties for breaches. These can include fines, imprisonment, or other sanctions as prescribed by the relevant legislation. The maximum penalties would typically be defined in other sections of the Act or in associated regulations, but they are not specified in this particular Gazette. In summary, the Export Market Development Grants Act 1997, through its determination of the payout factor for the grant year 2011-12, outlines a structured process for ensuring that grants are distributed fairly and transparently. The Act imposes clear obligations on the Australian Trade Commission and other relevant entities to follow this process meticulously. While the specific penalties for non-compliance are not detailed in the Gazette, they are likely to be significant, reflecting the importance of adhering to the Act's provisions.